General terms and conditions

We are pleased to welcome our registered members at Swappie.ch (hereinafter referred to as “ Swappie”, “we”, or “us”). Swappie is a private venture founded and managed by Anurag Gupta (Limmatfeldstrasse 08, CH8953, Dietikon) and Michal Beffinger (Winterthurerstrasse 84, CH8006, Zurich).

Swappie offers its users a website that provides an opportunity to exchange research material.

To use Swappie properly and avoid misuse of this web-based research material exchange platform, users have to agree and comply with following terms and conditions:

Definitions

A. Members
Members –registered at Swappie- are defined as people, who are above 18 years old and are working at recognized scientific institutions. List of recognized scientific institutes includes Swiss universities, applied universities of Switzerland, hospitals and companies related with scientific research in Switzerland.
B. Products or research material
Scientific materials and reagents (hereinafter referred as “items”) are all the reagents, equipments and materials used in scientific research, excluding those mentioned in the list of forbidden items (see here)

Scope, aims and use of Swappie

  1. Swappie is a website-based platform where people associated with recognized scientific institutions exchange a wide range of items meant only for research purposes.
  2. Items or services that are not associated with scientific research cannot be offered at Swappie. We reserve the right to remove any content or offerings that we think is breaching this provision.
  3. Swappie works with a point based system count for each of its member: one point is credited to an account for offering an item for exchange and one point is debited from an account on receiving an item. For more clarification you can contact us at:
    team@swappie.ch
  4. Under no circumstances Swappie is liable for any loss or damage (whether direct, indirect or consequential), any expense or loss of data arising out of or in connection with the use of the website or the services offered by Swappie. Swappie reserves the right to discontinue the website or the service at any time and members are not eligible to any compensation if Swappie decides to do so.
  5. Swappie only provides the platform for exchanging scientific research material and Swappie is not a contractual party to the exchange agreements brokered between Swappie members.
  6. Swappie and its team members are under no circumstances accountable for the risks and damages encountered with initiating and completing item exchanges. The members themselves are responsible for complying with all legal and other requirements when offering any item on Swappie.
  7. Swappie is not obliged to check the items and information published on Swappie and assumes no responsibility for:
    • Truthful and otherwise correct description of the item
    • The quality, security, legality or availability of any items that are offered for an exchange.

Member’s rights and compulsions

  1. All Swappie members take sole responsibility for their actions on Swappie.
  2. At the time of registration, members have to submit complete and correct personal data to Swappie. In the event of changes members are obligated to update respective data immediately to ensure that the data is always complete and correct.
  3. Registered members can independently initiate and finalize exchange of research items among themselves. Members that entered into an exchange agreement must assume sole responsibility of completing the exchange procedure. Under no circumstances Swappie or its team is responsible for any damage or loss occurred during an exchange.
  4. The member responsible for the exchange may only offer items for which he or she is the rightful owner and has the necessary permits, knowledge and skills to perform an exchange.
  5. Registered members are not allowed to place personal or third party advertisements, announcements and flyers. We will reject and delete such offers without warning. Non-compliance to such conditions may result in banning the Swappie member.
  6. Registered members of Swappie are obliged to keep their personal details and password secret at all times and must not reveal them to third parties. The members are responsible for any misuse of their accounts.
  7. Registered members of Swappie are prohibited from blocking, overwriting or modifying content generated by Swappie.
  8. Members must use and publish images and text on the Swappie website that they themselves have created. Images and texts published by members of Swappie may not infringe any third party intellectual property, personality or other rights. Text and images published by the members on the Swappie website in any manner may not contain any form of advertising or publicity for the items.
  9. Text and images published by members on the Swappie website should not be offensive, obscene, defamatory, harassing, slanderous, disparaging, libelous etc. We reserve the right to remove any content that we think is breaching this provision.
  10. Members are responsible for publishing their exchange offers in correct product category.
  11. Members are responsible for publishing complete and truthful information about the item they want to exchange. Providing false, misleading and unfair information about the item on Swappie is prohibited.
  12. Swappie is authorized to warn a member, when we are of the opinion that the said member has breached the present terms and conditions of use. We reserve the right to ban a user from use of the website without providing any reason.

Operation of Swappie

  1. Members can only exchange scientific research materials (items) that fall within categories offered by Swappie. Exchanged items may not breach any national and international laws.
  2. Members are prohibited to offer any item listed in the list of forbidden items (see here).
  3. Swappie is authorized to cancel individual text and images on Swappie at anytime without giving notice of such and without saying why. This applies particularly to text and images that may infringe third party rights. No claims may be asserted against Swappie on the basis of such deletions.
  4. Swappie is authorized to create or delete new categories or merge items in different categories without prior notice and without any explanations.
  5. Swappie is authorized to change or optimize operational conditions of the website without prior notice and without any explanations.
  6. The members are responsible for transporting the concerned item that they wish to exchange.

Personal data and privacy policy

    Swappie requires member registration (like name, professional e-mail address and professional address) that allows us to identify you individually. For further information on what kind of personal data is collected when using our service and how we use your personal data, please refer to our data protection policy (see here).

Intellectual Property Rights

    Swappie is the exclusive owner of all content of the website, such as text, logos, images, graphics and the like. The content of the website as well as the Swappie trademark is protected by Swiss and international intellectual property laws. All these intellectual property and other rights related to the website are the sole and exclusive property of Swappie and, by using the website and the services offered therein, the members do not and will not acquire any rights nor any license in such intellectual property or other rights of Swappie.

Liability and legal disclaimer

  1. Any liability of Swappie for damages, including but not limited to direct, indirect, incidental, punitive and consequential damages, resulting from the use of the website, its content and/or the services provided therein is hereby expressly excluded, unless such damages result from the gross negligence or the willful misconduct of Swappie.
  2. In particular, Swappie is not responsible and cannot be held liable for the following acts:
    • Damages caused by behavior of other members in connection with the use of website.
    • Wrong, incomplete, damaged, illegal or false offerings (including an offer from list of banned items) of the items.
    • Misuse of the Swappie website.

Indemnification

    The members indemnify and hold Swappie and its team harmless from any and all claims, damages, losses and expenses (including reasonable attorney’s fees) arising from (a) the breach of these terms & conditions, (b) the infringement of any third party intellectual property or other rights, or (c) the offering, exchanging or dispatching of any items offered on Swappie.

Governing law and jurisdiction

    The relationship between Swappie and its members as well as these terms & conditions are exclusively governed by the substantive laws of Switzerland.

    All disputes arising out of the use of the website, the services offered by Swappie or of these terms & conditions shall be exclusively settled by the courts of Zurich, Switzerland.

Changes to these terms & conditions

    Swappie may change these terms & conditions from time to time. We recommend that you regularly check these terms & conditions when you access your personal account. Your continued use of the website and its services indicates your agreement with the unchanged and changed terms & conditions.

    Swappie Team

    Zurich, 2015