Terms And Conditions

iSwish Terms and Conditions

These terms were last updated on 24 April 2010.

Acceptance of Terms and Conditions

Using the iSwish website, including registering as a member of iSwish, constitutes your acceptance of the following terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website and our services. We reserve the right to modify these terms and conditions at our discretion and at any time. As a member you are expected to regularly review these terms and conditions and to stay up to date with any changes. Your use represents your agreement and acceptance of these terms and conditions.

Our Services

iSwish is a platform for members to swap clothes, shoes and accessories. As a member you can swap your own items with another member's item. As an alternative to swapping item for item you may upgrade your membership to gold membership and enjoy the added benefit of swapping for credits. These credits can then be used towards acquiring items from any member's listing on iSwish. If you do not have any items to offer for swishing, as a gold member you can also buy credits online through iSwish top up function where $1NZ = 1 iSwish credit.

Credits are used instead of money to enhance iSwish members' swapping experience, by allowing a greater choice of items to swap with and as an additional service via top up. Our goal is to provide a fun and social swapping experience to include a networking platform, the mirror match and forum.

We do not directly take any part in the swapping of items other than by providing our website as a platform for users to swap items by the described methods. We do not act as an agent for either party and do not participate in the swap process between you and other members.

We reserve the right to modify and amend our services at our discretion, at any time and without warning. This includes, without limitation, all processes and methods, as well as the iSwish credit system and any fee changes.

Membership

You may only register as a member of iSwish if you agree to be bound by the rules outlined in these terms and conditions.

There are 2 types of memberships:

1/ Standard membership - this membership is automatic when you register and is free. It enables you to swap item for item at no charge, list an item for free and there are no end of transaction fees. This does not however, enable you to buy credits or swap for credits. For a period of time, you will receive a complimentary credit each time you complete a successful item for item swap (max 5 credits per user) and these become accessible when you upgrade to a gold membership.

2/ Gold mem bership - this offers you the same functions as the standard membership but in addition it enables you to use credits to swap for items and to use the iSwish top up function on the website 1 credit = $1 NZ. There is a fee of $35 per year or $25 for 6 months for gold membership and you can upgrade to this membership at anytime by clicking the & ldq uo;gold membership button” on the home page and then “upgrade now“. For a period of time, gold members will also receive a complimentary credit for each successfully completed item for item swap (max 5 credits per user).

Postage or delivery costs are in addition to both types of membership.

As a member, you must provide accurate, complete and current personal information when registering. It is your responsibility to maintain and update this information at all times. You may access your account details via your username and password. You are not permitted to register as a member under multiple identities or personas. We reserve the right to confirm these details by any means.

We reserve the right to decline your registration or terminate your membership without entering into discussions with you.

Without limitation, we may terminate your membership if:

a serious complaint or multiple complaints are received about you from other members;
you breach these terms and conditions;
you impersonate another member; or
we, at our sole discretion, deem your behaviour to be unacceptable.

Furthermore, members who have registered under multiple aliases will have all of their aliases disabled. No refunds of membership fees will be made and all credits will be forfeited on termination of membership. In addition, without limitation, we may terminate your gold membership if there is no payment of gold membership fees.

Using iSwish

While using the iSwish website, you will not:

Ship any items unless they are cleaned and in good condition*;
Post feedback about yourself or include any contact details or personal information under item listings or item questions and answers;
Delay drop off or postage of the items beyond 5 working days after the comp letion of the transaction (offer acceptance);
To the best of your knowledge trade in any counterfeit merchandise. In the case of a dispute, a user may request the return of any merchandise they shipped to you in exchange for the mentioned counterfeit item;
;Post content or items in an inappropriate category or areas on the website;
Violate any laws, third party rights, or our policies;
Use the sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the website;
Fail to ship items swapped by you, unless the swapping partner has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the swapper's identity including shipping address;
Fail to leave feedback on any transactions you have taken part in;
Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
Post false, inaccurate, misleading, defamatory, or libelous content or items (including personal information);
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information of the website or for using it for purposes unrelated to iSwish);
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm the iSwish website, or the interests or property of iSwish users;
Copy, modify, or distribute content from the website including iSwish's copyrights or trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent; and
Fail to regularly check your iSwish email account on the iSwish website for swap requests from other members. Failure to respond to requests may result in your membership being suspended or terminated.

*Good condition refers to an item in its original sale condition with some wear and tear appropriate to the age of the item, but without rips or damage to the item in the case of a dispute.

Listings

It is up to individual members to ensure that they are legally entitled to swap any items that they have listed on iSwish. No assumption as to the legality of the offer should be made merely because something is listed on the website.

Before you list an item, you must ensure that you are legally entitled to swap that item, that it is lawful to swap such an item, and if any consents are necessary to swap the item that you obtain such consents. You must promptly remove a listing if you become aware of any problem or potential problem with the listing.

You must clearly state the conditions of swapping on your listing of the item and you must provide an accurate description of the items that you are listing. We do not guarantee the accuracy of any information provided in the description of a member's listing. You must ensure that you have all the consents necessary to place your listing and you are responsible for ensuring that no third party's intellectual property or other rights are infringed by your listing of an item.

If you place any item for listing and there is any fraudulent or criminal activity surrounding that listing then, without prejudice to any other remedy, we reserve the right to remove the listing and terminate your membership.

We reserve the right to remove any listing that we deem inappropriate.

We do not accept any obligation to protect you from unsafe listings on the website and you should not assume that merely because something is listed on the website it is safe to use. Moreover, we do not guarantee the safety, quality, condition or ownership of the items listed on the website.

We do not, as a matter of course, review member listings.

Transactions

It is up to each individual member to determine whether any transaction they participate in is fair. We take no responsibility for the listings on the website, nor the transactions entered into and we will not provide compensation to any m ember who suffers loss as a result of a transaction. The choice between swapping, item for item or item for credits is at each member's sole discretion.

Members must be legally capable of entering into a transaction in order for the transaction to be completed.

Making Offers

If you make an offer in relation to a listed item and the other member accepts your offer, you have a legal obligation to complete the transaction. When making an offer, you agree to be bound by the conditions of the swap displayed in the item's listing. By entering into a transaction, the offering member agrees to give out their postal address. We take no responsibility for any misuse of this information.

By listing an item, the user is not technically 'offering' to swap, just inviting other members to make them an offer in relation to the item. They can withdraw the item at any time, so please bear this in mind when you are exchanging messages with a swapper to avoid disappointment should your offer be declined.

Accepting Offers

Once you have accepted an offer in relation to an item you have listed, a transaction has been agreed between you and the offering member. You have a legal obligation to complete the transaction. It is your responsibility to ensure that the item is promptly sent (within 5 days of acceptance) to the member you accepted to swap with. When credits are used in an offer, these will be automatically debited from your account on acceptance and credited to the account of the user you agreed to swap with.

In order to complete a transaction you will have access to other members' personal information. All members agree to use that information responsibly and only for the purpose of completing a transaction or for any other purpose that the other member specifically consents to. We have no control over the information that other members may supply to you, therefore, we accept no responsibility for its content or its accuracy. There are inherent risks in entering into transactions and providing personal details and you agree that you accept those risks when entering into a transaction.

We do not verify the accuracy of the information provided by iSwish members and therefore cannot confirm or guarantee the identity of members or the accuracy of the information posted on the website.

iSwish alerts system

iSwish provides wish list alerts and mirror match alerts to iSwish members. Alerts may be sent to the iSwish member from time to time and you may de-activate these alerts at any time in your personal profile settings.

iSwish e-news

iSwish members will receive e-news letters to their subscribed email address from time to time.

The Credit System

The iSwish credit system is a non-monetary system where credits may be used instead of, or in addition to, items, to enhance the swapping options and possibilities for our gold members.

iSwish credits have no monetary value and do not represent any form of value outside the iSwish website. Credits are not redeemable for cash or goods. Credits can only be used within the iSwish website and cannot be sold back to iSwish. Credits can only be transferred from one member's account to another member's account by undertaking a transaction. A member's accumulated credits will get deleted if a user account stays inactive for more than a year.

Although you estimate the market value of the item when you list an item, iSwish credits are not money and have no monetary value. It is important to note that the credit value that a member chooses to allocate to an item is purely subjective.

If your membership is terminated due to inappropriate behaviour, any credits that are in your account are forfeited and will be null and void for your use. You agree that you will not pursue iSwish for any refund or compensation should your membership be terminated due to inappropriate behaviour.

Accumulating Credits

Members successfully swapping items or participating in promotional offers will earn and accumulate credits in their account.

If you accept a credit offer for an item you have listed, the credits are immediately allocated to your account and available to spend.

You may purchase iSwish credits and top up your account at any time (1 credit costs $1 NZ).

Spending Credits

You must upgrade to gold membership to activate your credit account and gain access to spend your credits.

The credit offers you can make are limited to the amount of credits you have available to spend in your account. When a credit offer has been placed your account will allocate these credits as pending credits until the offer has been accepted or declined. When an offer is accepted the pending credits will be debited from your account. When an offer is declined the pending credits will become available for you to spend again.

Once a gold membership becomes inactive, the credits will be stored in the user account. While new credits may be earned and accumulated, the member must renew its gold membership status in order to regain access to spend the accumulated credits.

Paying for Delivery / Returns

As no money changes hands, the user offering item(s) is responsible for paying the cost of delivery when required. Pickup and drop off is an alternative for users living near to each other.This may also be a prefered option for high value items. In the situation where members are swishing with the donation wardrobe, members may wish to offer to pay postage costs.

If the buyer returns the goods, the buyer bears the cost of doing so. However, should the buyer have a legitimate reason for returning the item(s), we recommend that the user who offered them instead offers to pay for delivery to retain a good relationship and rating, but moreover, in line with the fairness and good conduct this site wishes to promote.

No Right to Cancel

Swaps between members are legally enforceable transactions, buyers have no right to cancel once the seller has accepted their offer, and sellers have no right to cancel once they have accepted a buyer's offer. At this stage there is a binding agreement to swap the items and/or credits agreed.

In practice, suing to enforce the transaction may not be feasible, however, we do ask all members to honour their legal obligations. This will protect the whole basis for iSwish and its effectiveness. Also bear in mind that failure to properly complete a transaction may cause you to receive negative feedback, which may compromise your ability to participate in future iSwish transactions.

Resolution of Disputes

Our goal is to provide a networking platform that will enable its members to experience a fun and social swapping experience. As such we hope that any disputes can be rectified between its members in good will fashion. We do not participate in swapping transactions between members. As such, you agree not to involve, or attempt to involve us in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided by us. Disputed swaps may be reported but only for the purposes of informing us. Action taken, if any, is at our sole discretion.

Quality of iSwish

In order to maintain a high quality website, we ask you to forward any issues about the website to us via the 'Contact us' page. We will deal with these as soon as possible.

You may report any inappropriate behaviour by other members via the “Report a Swisher” page. In particular, we ask you to help maintain the quality of the iSwish website by bringing anything that does not reflect well on the service to our attention as fast as possible. This includes acts or omissions by other members that are inconsistent with these terms and conditions.

Earning Your Reputation

iSwish has a rating system that enables members to write feedback after each successful swap. It is up to you to earn a good reputation on iSwish so that members will be willing to swap with you. This feedback is subjective and iSwish has no control over what other members say about you and are not responsible for the fairness or accuracy of their comments.

Rights to Alter Content and Feedback

Without limiting any other remedies available to us, we reserve the right to:

suspend or permanently remove any listing without warning;
alter or edit any listing without warning but not to alter the number of credits sought for an item;
freeze or delete a member's account;
alter, amend or remove any feedback ratings that a member may leave on the iSwish website;
debit or credit a member account as a result of a postal or other dispute.

We will not be responsible for any loss you may incur as a result of our taking any of these actions.

At Your Own Risk

iSwish asks for all information provided by its members to be true and honest, however, your use of the website and services, including all contact and transactions between you and other members, is entirely at your own risk. We accept no liability or responsibility for any misconduct of members including, without limitation, members that have registered with iSwish under false pretences or who attempt to defraud you.

We give no undertakings, representations, or warranties in relation to items swapped or listed on the website.

Disclaimer

The website and services are provided on an "as is" and "as available" basis. We disclaim and exclude all implied conditions or warranties to the extent permitted by law.

We will do our best to ensure that the website operates properly at all time, but we do not warrant that the services provided will be timely, secure, uninterrupted, or error free, or that any information provided on the website is error-free or reliable. We will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website at any time for whatever reason.

The placement of advertisements on the website does not constitute our endorsement of the advertised product or service. We are not responsible for the content of advertisements appearing on the website, including hyperlinks. Representations made in connection with an advertisement are the sole responsibility of the advertiser.

iSwish has gone to great lengths to have systems in place to reduce the risk of credit card fraud, however, we are not responsible for protecting members from credit card fraud.

Liability

We exclude, to the extent permitted by law, any and all liability to you or any other person under or in connection with these terms and conditions, or in connection with the services, the website, another member's acts or omissions, or your use of or inability to use, the services or the website regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity

You agree to indemnify and keep us and our subsidiaries, parents, officers, directors, affiliates, agents and employees indemnified from and against all liabilities, damages, losses, costs and expenses (including legal costs and fees) of any nature whatsoever resulting from any claim made by any third party, due to, or arising out of your breach of these terms and conditions, or your violation of any law or the rights of a third party or arising out of your use of or inability to use the services or the website.

You also agree that in the event that you have any right, claim or action against any other member arising out of that member's use of the services or the website, then you will pursue such right, claim or action independently of, and without recourse to us.

Property Rights

We own all proprietary and intellectual property rights in the website and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, in any form or by any means: adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the website; or commercialise, copy, or on-sell any information, or items obtained from any part of the website.

Privacy

We collect personal information about you through your use of the services and the website. This information includes your registration details and information relating to your use of the website and the content you access.

You agree that we may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other services to you, and for any other use that you authorise.

We will not sell your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law, facilitate court proceedings, enforce or apply our terms and conditions or protect the rights, property, or safety of iSwish, our members, or others.

Please review our privacy policy.

General

If any part of these terms and conditions are held invalid that part shall be severed from the terms and conditions and the remainder will continue to be valid and enforceable.

Termination of your membership will not end those terms and conditions that are capable of surviving such termination.

These terms and conditions are governed by and to be construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of its courts.

For the purposes of this agreement the words "we", "us" or "our" refer to iSwish Limited; "you" or "yours" refers to you; member(s) refers to those persons who have registered as member(s) of iSwish; "iSwish" means the iSwish swapping platform; "services" means our provision of the iSwish swapping platform and any associated services; "website" means the iSwish website.