Introduction :
Welcome to Oswift! By using Oswift (including Oswift.com and its related sites, services and tools), you agree to the following terms with and general principles for the websites of our subsidiaries and international affiliates.
Scope :
Before you may become a member of Oswift, you must read and accept all of the terms in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use Oswift sites or services, or when you use the tools we make available to interact with Oswift sites and services.
Using Oswift :
While using Oswift sites, services and tools, you will not :
post content or items in an inappropriate category or areas on our sites and services;
make false or bogus offers, claims or suggestions, or defraud another user in any way;
violate any laws, third party rights or our policies, such as the Prohibited, Questionable & Infringing Item Policy policies listed below;
use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
fail to deliver payment or swap for items/services purchased/traded by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items/services purchased/traded from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item/service or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Oswift;
post false, inaccurate, misleading, defamatory, scandelous or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to oswift);
transfer your Oswift account (including feedback) and User ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Oswift, or the interests or property of Oswift users;
export or re-export any Oswift tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify or distribute rights or content from the oswift sites, service or tools or Oswift's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Oswift :
Oswift and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Oswift sites, services or tools.
Oswift Purchase Protection :
Buyers and sellers share the responsibility of making sure purchases/trades/barter facilitated by Oswift are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a trade. When a buyer is dissatisfied and the seller doesn't provide adequate resolution to the buyer, Oswift will, at its sole discretion, attempt to mediate and, as a rule, will side with the buyer. However, Oswift is not responsible for the successful outcome of any transaction conducted on its website and all Oswift users agree to hold Oswift harmless in the event of any dispute, accident, fraud, misrepresentation, false advertising or problem of any kind whatsoever.
Fees and Services :
Basic membership and contacting sellers/purchasers about listed items/services is free. Once the buyer and seller reach an agreement, conducting the transaction through Oswift generates a commission payable to Oswift in cash. (link to what is an Oswift share?) Parties that meet on Oswift and take their transaction outside Oswift for consummation do so at their own risk and expense.
As an Oswift client, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fivedays' notice by posting the changes on the Oswift website.
Unless otherwise stated, all fees are quoted in Oswift shares. You are responsible for paying all fees associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Content :
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Limitation of Liability :
You will not hold Oswift responsible for user content, actions or inactions, items/services/favors they list, promise, advertise or insinuate. You acknowledge that we are not a traditional auctioneer/matchmaker/contact conduit. Instead, the sites are a venue to allow anyone to offer, sell, barte, trade or buy just about anything, at anytime, from anywhere, in a infinite variety of pricing/deal formats. We are not involved in the actual transaction between buyers,traders and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items/services/favors advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or treat each other fairly.
We do not transfer legal ownership of any items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Cayman Islands, British West Indies. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to US$100.00.
Release :
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference :
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Oswift by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not :
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of oswift and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy :
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Oswift Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity :
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency :
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices :
Except as explicitly stated otherwise, legal notices shall be served on Oswift'snational registered agent or to the email address you provide to Oswift during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes :
If a dispute arises between you and Oswift, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and oswift agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Cayman Islands. You agree that any claim or dispute you may have against Oswift or an Oswift user must be resolved exclusively by a court in the Cayman Islands. You agree to submit to the personal jurisdiction of the courts located within the Cayman Islands forthe purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $1,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Oswift must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Oswiftmay recover attorneys' fees and costs up to $1000, provided that Oswift has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Prohibited, Questionable & Infringing Item Policy -
Users are not permitted to offer or solicit services on Oswift that are illegal, illegal drug related, prescription drug related, banned substance related, arms related,sexual in nature, potentially offensive, controversial or that violate Oswift’s User Agreement, at Oswift's sole discretion.
Some Examples of Prohibited Service Offerings :
A listing offering a “virtual” relationship.A listing offering a massage or other service requiring physical contact .Any service that offers, suggests, or in any way conveys an intimate service contact, including dates, escorts or other such services .Oswift alone will exercise its judgment in deciding which listings are not permissible .
Trades/deals involving access to controlled drugs that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) are not permitted on Oswift; this includes drugs prescribed by veterinarians for animals.
Examples of Prohibited Prescription Drugs :
All forms of insulin (including non-prescription forms)
Prescription allergy medicine such as Zyrtec.
Heart worm medicines (such as Sentinel, Revolution, Heartgard and Interceptor) for animals
Flea control products (such as Program, Advantage and Top Spot) can be bought and sold without a prescription, and therefore they may be listed on eBay.
Oswift does not permit the sale of names, addresses, phone numbers, email addresses or other personal identifying information. This includes, but is not limited to the following:
Bulk email lists, Internet Protocol (IP) information,Mailing lists,Instant Messenger (IM), Social networking accounts
Social Security Numbers: Oswift does not permit the trade of items containing the social security number of any person, living or dead, and does not allow listings that show personal information of third parties such as addresses and telephone numbers.
Oswift does not allow trades/deals involving military ordnance such as weapons, ammunition, and their related parts -- even if the items are considered demilitarized, demilled, or unserviceable.
Each of these policies may be changed from time to time, at Oswift's sole discretion. Changes take effect when we post them on the Oswift website. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Oswift Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
