This legal notice applies to the entire contents of this website at http://www.swapsystems.com ("Website"). Please read these TOU carefully before using this Website. Using this Website indicates that you accept these TOU regardless of whether or not you choose to register with us. If you do not accept these TOU then you must cease to use this Website immediately.
1. INFORMATION ABOUT US
This Website is operated Travelsoft Ltd, trading as Swap Systems ("SWAP SYSTEMS"). We are registered in England and Wales under company number 10973962 with our registered office at 1st Floor Holtspur Lane, Wooburn Green, High Wycombe, United Kingdom, HP10 0AA.
2. ACCESSING OUR WEBSITE
2.1 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this Website without notice (see below). We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website.
2.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Responsibility for the security of any passwords issued rests with you. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these TOU.
2.3 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these terms, and that they comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights in this Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 3.2 You may print one copy, and may download extracts, of any page(s) from this Website for your personal reference and you may draw the attention of others within your organisation to material posted on this Website.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. SWAP SYSTEMS will have no obligations with respect to such material. SWAP SYSTEMS and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
4.2.1 breaches any applicable local, national or international law;
4.2.2 is unlawful or fraudulent;
4.2.3 contains viruses or any other harmful programs;
4.2.4 is defamatory, obscene or offensive;
4.2.5 promotes violence or discrimination;
4.2.6 infringes the intellectual property rights of another person;
4.2.7 breaches any legal duty owed to a third party (such as a duty of confidence);
4.2.8 promotes illegal activity or invades another's privacy; or
4.2.9 is used to impersonate another person or to misrepresent your affiliation with another person.
4.3 The prohibited acts listed in clause 4.2 above are non-exhaustive. You shall indemnify and hold SWAP SYSTEMS harmless from any and all claims, liabilities, losses, damages, costs and expenses, arising out of or in connection with you breaching any restrictions and/or clauses set out in these TOU.
4.4 SWAP SYSTEMS will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clause 4.2.
5.VIRUSES, HACKING AND OTHER OFFENCES
5.1 You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website.
5.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately. 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.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. SWAP SYSTEMS has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). SWAP SYSTEMS does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage SWAP SYSTEMS's reputation or take advantage of it.
6.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by SWAP SYSTEMS where none exists.
6.4 The website from which you link must comply with the content standards set out in these TOU. 6.5 SWAP SYSTEMS has the right to withdraw the linking permission at any time.
7.1 While SWAP SYSTEMS tries to ensure that information on this Website is correct, we do not promise it is accurate, up to date or complete. The material on this Website may be out of date, and SWAP SYSTEMS makes no commitment to update that material.
7.2 SWAP SYSTEMS provide you with access to this Website and our services and material on the Website on an "as is" basis, and to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions) implied by law which but for these TOU might apply in relation to this Website and the services that we provide.
8.1 SWAP SYSTEMS may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
8.1.1 SWAP SYSTEMS believes you have posted material in breach of clause 4.2, (Visitor Material and Conduct) or 5.1 (Viruses, Hacking and Other Offences);
8.1.2 SWAP SYSTEMS believes that you have breached clauses 6.2, 6.3 and 6.4 (Links to and from other websites); or
8.1.3 if you breach any other material terms of these TOU. 8.2 Upon termination or suspension you must immediately cease using this Website and destroy any downloaded or printed extracts from this Website.
We may revise these TOU at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these TOU without our prior written consent.
10.2 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these TOU or any agreement with you at any time.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government.
12.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these TOU or any agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.1 If any of these terms or provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be severed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
All notices given by you to us must be sent to Swapsys UK Ltd, Turner Hampton, 22 Chertsey Road, Woking, Surrey, GU21 5AB. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on this Website, 24 hours after an e-mail is sent, or three days after the date of posting any letter.
15. GOVERNING LAW AND JURISDICTION
15.1 These TOU and any disputes or claims arising out of or in connection with these TOU or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
15.2 The courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these TOU or their subject matter or formation (including non-contractual disputes or claims).