Terms and conditions
SwapAround is an online Platform designed to enable swapping items and services. Users are called “I seek“ and “I offer“. The Users can be both private and both legal entities. The Platform is operated and related Services defined in these Terms are provided by the company Etcetera Business and Tourism s.r.o., company ID No.: 06865453, VAT registration no. CZ06865453, which is subject to the Czech law, based at Dlouhá 715/38, Staré Město, 110 00 Prague 1, Czech Republic, registered in the Register of the Municipal Court in Prague under file no. C 290385.
You must be at least 18 years old (or of any other age as required by your jurisdiction) and your legal capacity and authority to enter into legally binding relationships must be unrestricted in order to access and use SwapAround Platform and to register a SwapAround Account. By accessing and/or using SwapAround Platform, you expressly represent and warrant that you are at least 18 years old (or of any other age as required by your jurisdiction) and have the legal capacity and authority to enter into a contractual relationship with SwapAround and other Users.
By accessing and/or using SwapAround Platform, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User of our Services. These Terms, which may be amended from time, govern your access to and use of SwpaAround Platform and constitute a legally binding agreement between you and SwapAround. Failure to use SwapAround Platform or our Services in accordance with these Terms may subject you to civil and criminal penalties. Furthermore, by accessing and/or using SwapAround Platform, you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations).
If you choose to use SwapAround Platform, you do so voluntarily and at your sole risk. SwapAround Platform and our Services are provided “AS IS”, without warranty of any kind, whether express, implied or other.
Unless explicitly stated otherwise in these Terms, SwapAround has a status of an intermediary between the „I seek“ and the „I offer“ Users.
Terms such as “SwapAround”, “we”, “us” and “our” refer to Etcetera Business and Tourism s.r.o., company ID no. 06865453, which is governed by the laws of the Czech Republic, and is seated at Dlouhá 715/38, Staré Město, 110 00 Prague 1, Czech Republic.
“SwapAround Platform” means the respective website and mobile application through which our Services are provided, and which is owned, operated, managed, administrated, maintained and/or hosted by SwapAround.
“SwapAround Account” means a unique account of a single User registered on SwapAround Platform.
“Services” mean the mediation of I Offer Services between I Offer and I Seek via SwapAround Platform and other services provided by SwapAround pursuant to these Terms.
“I Offer” means an individual – an independent contractor providing a Swapping services who provides these services as a part of its business. Can be a private person or a legal entity.
“I Offer Services” mean the services provided by an I Offer User which may include in particular swapping, exchange of surpluses, things they don‘t need or don‘t want or services they offer and want to swap for items or other services. Swapping means no financial transactions, only exchange something for something.
“I seek” User means an individual – a consumer ordering I Offer Services from a particular I Offer User.
“User” means an individual with a registered SwapAround Account.
“Your Content” means any content that is published or deemed to have been published on or through SwapAround Platform by a User.
“Offer” means specific “I Offer“ User Services advertised by an “I Offer“ User on SwapAround Platform.
“Order” means an order by an „I Seek“ User of specific „I Offer“ User Services advertised by an „I Offer“ on SwapAround Platform.
“Terms” mean these General Business Terms and Conditions.
In order to use SwapAround Platform, whether as an „I Offer“ User, an „I Seek“ User or both, you must first register a SwapAround Account on SwapAround Platform.
You agree to complete all steps of the registration process as instructed on SwapAround Platform honestly and as completely as you are able. You must provide only true, accurate, up-to-date and complete information required during the registration process. You agree to keep your SwapAround Account and other information about you at all times true, accurate, complete and up-to-date.
You may maintain only one registration with SwapAround Platform (i.e., you may not register more than one SwapAround Account), but you can be both „I Seek“ User and „I Offer“ User under one registration and switch between profiles of either „I seek“ User or „I Offer“ User. You may not register a SwapAround Account on behalf of any individual other than yourself or legal entity that you represent.
SwapAround reserves the right terminate any User’s SwapAround Account if the User violates any provision of these Terms.
4. User content
Users may post their own content on SwapAround Platform. Anything that you post (or otherwise cause to be visible) on SwapAround Platform is deemed for the purposes of these Terms to be content published by you. SwapAround’s policy is not to edit or moderate Your Content without your prior consent unless required to do so to ensure compliance with statutory regulations or these Terms. You agree that if you have linked your SwapAround Account with any third-party service, the services may exchange information and you shall be deemed to have published any information made available on SwapAround Platform by the third-party service as a result of the services being linked.
You are solely responsible for Your Content that you publish or are deemed to have published on or through SwapAround Platform.
By accessing and/or using SwapAround Platform, you agree that:
a) Any representation and information that you publish is true.
b) Except for „I seek“ Users offering Items or Services in accordance with these Terms, you will not use SwapAround Platform to offer any products or services.
c) You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behavior; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, libellous, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti any religion, pedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person, group or animal; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii) above.
d) SwapAround is under no obligation to store and/or publish Your Content. SwapAroundAround may at any time and without prior notice delete Your Content or any elements of it from SwapAround Platform as it deems appropriate.
e) Although you remain the owner of and responsible for Your Content, nothing in any relationship between you and SwapAround operates to transfer any intellectual property rights to you.
f) SwapAround may edit, reproduce in whole or in part, translate, link to and from, group and otherwise deal with Your Content or elements of it as it deems appropriate.
g) SwapAround may use and exploit Your Content and information that SwapAround learns about you to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote SwapAround’s services generally.
h) Any profile image that you upload to your SwapAround Account is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and you expressly authorize SwapAround to use your profile image as it deems appropriate.
i) SwapAround may provide links or referrals to other websites, services, publications or applications. SwapAround makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these Terms you agree that you shall not rely on SwapAround when assessing or using them and that SwapAround shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. SwapAround assumes no responsibility for the content of websites linked on our site. SwapAround will not be liable for any loss or damage that may arise from your use of them. In this context, you confirm and accept that SwapAround is not responsible for the actions or failures of its payment providers.
j) SwapAround may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you. Except to the extent that anything done by SwapAround create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content and that you shall hold SwapAround harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content.
By accepting these Terms, you grant SwapAround a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include in particular, but not limited to, publishing and disseminating Your Content on, through, or by means of SwapAround Platform and our Services, and promoting or marketing SwapAround, SwapAround Platform and/or our Services). SwapAround does not claim any ownership rights in Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content.
5. Other rights and obligations
Anyone who wishes to use SwapAround Platform as an „I Offer“ User may do so only in the capacity of an independent individual or legal entity acting as a third-party contractor. As an „I Offer“ User, you expressly agree that your relationship with SwapAround is limited to being an independent third-party contractor and that you are not an employee, agent, joint venturer or partner of SwapAround for any reason, that you act exclusively on your own behalf, for your own benefit and at your own risk, and not on behalf, for the benefit or risk of SwapAround. SwapAround does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of „I Offer“ User Services.
As an „I Offer“ User, you are solely responsible for setting a price of your Offer (I Offer’s Charges).
As an „I Offer“ User, you are solely responsible for compliance with all legislation and administrative regulations applicable in your jurisdiction, including in particular, but not limited to, regulation of conducting business in the hospitality industry, norms related to serving food and drinks to the public, hygienic norms, and others. Furthermore, „I Offer“ User in every country are responsible for their fiscal obligations themselves according to the legislation of their jurisdiction.
SwapAround has no control over and has no liability or obligation to you in respect of any conduct or misconduct of (i) „I Offer“ Users, (ii) „I Seek“ Users, (iii) other Users of SwapAround Platform and (iv) any other third parties attending, facilitating or otherwise participating in „I Offer“ User Services. Furthermore, SwapAround does not control, and has no right to control, your SwapAround „I Offer“ User and „I Seek“ User matching as well as your offline activities associated with your SwapAround Account. You expressly agree that SwapAround is not responsible for any damage or harm resulting from your interactions with other users of SwapAround Platform and you accept that (to the maximum extent permitted by applicable law) SwapAround disclaims all liability resulting from the conduct or misconduct of any such person. In particular, you agree that the „I Offer“ Users are solely responsible for the conditions and quality of their „I Offer“ User Services.
SwapAround shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with or otherwise resulting from any use of SwapAround Platform or our Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of SwapAround (either active, affirmative, sole, or concurrent), even if SwapAround has been advised of the possibility of such damages. SwapAround shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services.
You agree to indemnify and hold SwapAround and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SwapAround’s rightful use of Your Content.
You agree to comply with any applicable export control laws in your local jurisdiction.
SwapAround may make access to and use of SwapAround Platform, or certain areas or features of SwapAround Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or a User’s reservation and cancellation history.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, whether express, implied or other, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to, (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of SwapAround Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and other terms and conditions applicable to a specific area or feature of SwapAround Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature of SwapAround Platform, unless specified otherwise.
Within a certain timeframe after provision of „I Offer“ User Services, „I Seek“ User and „I Offer“ User can leave a public review and submit a star rating about each other. Ratings or reviews reflect the opinions of individual Users and do not reflect the opinion of SwapAround. Ratings and reviews are not verified by SwapAround for accuracy and may be incorrect or misleading. Ratings and reviews by „I Seek“ Users and „I Offer“ Users must be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party to write a positive or negative review about another User.
You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of SwapAround, including by inappropriately using any intellectual property of SwapAround.
6. Offers, Orders, Reservations
In order to advertise „I Offer“ User Services on SwapAround Platform, „I Offer“ Users must issue an Offer on SwapAround Platform stating all relevant details of the Offer, including in particular description of the product or service offered, place, time and swap conditions.
„I Seek“ User wishing to order „I Offer“ User Services advertised on SwapAround Platform must select the respective Offer and place an Order.
A reservation of „I Offer“ User Services is confirmed once the respective „I Offer“ User accepts Order placed by the „I seek“ User.
By placing an Order and its subsequent acceptance by the „I Offer“ User, the „I Seek“ enters into a direct legally binding contractual relationship with the respective „I Offer“ User. You understand and agree that, unless expressly provided in these Terms otherwise, SwapAround shall under no circumstances become a party to any agreements entered into by and between „I Offer“ Users on the one side and „I Seek“ Users on the other side.
„I Offer“ Users and „I Seek“ Users are responsible for any modifications to a Reservation that they make via SwapAround Platform. If the „I Seek“ User cancels an Order that has already been accepted by the „I Offer“ User any time before the relevant Offer is due, the „I Seek“ User has no right for any compensation. If the „I Offer“ User cancels an Offer that has already been ordered by an „I Seek“ User and accepted by the „I Offer“ User, the „I Offer“ User can be asked for an explanation. If such a situation repeats, the „I Offer“ User may be banned from SwapAround Platform for some period of time by SwapAround as it deems appropriate. Also if the „I Seek“ User does not collect his Order without any explanation to the „I Offer“ User, his profile might be banned from the Platform.
In certain circumstances, SwapAround may decide, in its sole discretion, that it is necessary or desirable to cancel an agreed Offer.
7. Financial agreements
SwapAround fees are based on User memberships. These may vary based on the type of memberships, and may potentially translate in an increase which is borne out of additional Platform operating costs. Once the membership is paid, it is not refundable under any circumstances.
Users agree and acknowledge that they are responsible for discharging all of their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. SwapAround assumes no obligations whatsoever in this regard. In particular, SwapAround assumes no responsibility (actual or deemed) to notify or explain to Users, or to enquire into, the VAT or sales taxes treatment of any Users.
If SwapAround so requires for the purposes of its dealings with any tax or regulatory authority, the Users shall provide to SwapAround, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Offers, Orders or reservations in which they have participated. The Users shall, promptly on request, provide to SwapAround all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Offers in which those Users have participated. The Users agree to indemnify SwapAround for any VAT or similar sales tax obligations which SwapAround is required to pay and which arise wholly from Offers hosted by those Users and their Swaps or other deals.
8. Complaints, disputes, refunds
You agree that SwapAround shall under no circumstance be held responsible or liable for any representation made by Users on or outside SwapAround Platform nor for any User Service not running smoothly or as advertised by the User or expected by another User or otherwise being unsatisfactory. Both sides have the right to report the other side to SwapAround and SwapAround has the right to evaluate the situation and decide the solution as it deems appropriate.
9. Our values
SwapAround has a strict non-discrimination policy. SwapAround is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community includes people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.
SwapAround community is committed to building a world where people from every background feel welcome and respected, no matter how far they have travelled from home. This commitment rests on two foundational principles that apply both to all Users: inclusion and respect. Our shared commitment to these principles enables every Member of our community to feel welcome on SwapAround no matter who they are, where they come from, how they worship, or whom they love.
Joining SwapAround, whether as an „I Seek“ User or „I Offer“ User, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While Users are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
In light of the above, the Users may not:
a) Decline other Users based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
b) Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
c) Post any listing or make any statement that discourages or indicates a preference for or against any Usr on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
10. Privacy and personal data collection
We collect several general categories of information that is necessary for the use of SwapAround Platform and provision of our Services. We ask for and collect the following personal information about you when you use SwapAround. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services. In particular, SwapAround processes the following types of data:
a) Account Information: When you sign up for a SwapAround Account, we require certain information such as your first name, last name, email address, date of birth, your address, phone number, and a profile picture.
b) Payment Information: To use certain features of SwapAround Platform, we require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments for Memberships of SwapAround.
c) Communications with SwapAround support team and other Users: When you communicate with SwapAround or use SwapAround Platform to communicate with other Users, we collect information about your communication and any information you choose to provide.
d) Information we automatically collect from your use of SwapAround and payment services: Geo-location information, usage information, log data and device information, cookies and similar technologies, payment transaction information.
e) Information we collect from third parties: third party services (e.g. if you sign via third-party social networks), your references from other Users of SwapAround Platform.
Under no circumstances shall SwapAround process any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, nor genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Whenever User provides SwapAround with any personal data, the User:
a) Expressly consents with the provision of the respective data to SwapAround, storage of the respective data by SwapAround and the subsequent forwarding of the respective data by SwapAround to other Users;
b) Expressly confirms that it is informed about all rights which the User has in relation to the provision of respective data to SwapAround, storage of the respective data by SwapAround and the forwarding of the respective data by SwapAround to other Users; and
c) Expressly authorizes and instructs SwapAround to process the respective personal data for the purpose of provision of Services in accordance with these Terms, including, but not limited to, (i) forwarding the data to other Users, (ii) storing the data, and (iii) verifying personal data with ID.
SwapAround shall not process personal data of Users other than on the User’s instructions within the meaning of paragraph 10.4. above.
SwapAround shall all take reasonable steps to ensure the reliability of its employees and representatives who may have access to personal data of Users, ensuring in each case that access is strictly limited to those individuals who need to know or access the relevant personal data, as strictly necessary for the purposes of provision of Services, and to comply with applicable laws in the context of that individual’s duties to SwapAround, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, SwapAround shall in relation to the personal data of Users implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. In assessing the appropriate level of security, SwapAround shall take account in particular of the risks that are presented by processing, in particular from a personal data breach.
You acknowledge that the choice of the other User is your sole responsibility. When choosing a particular User, you shall consider also the ability of the respective other User to adequately protect your personal data. The User shall make best efforts to ensure that personal data of other Users that are transferred to it by SwapAround are adequately protected. SwapAround assumes no responsibility for the processing of personal data by the respective User to which SwapAround forwarded personal data of other User in accordance with the User’s instructions.
SwapAround undertakes not to disclose any personal data of Users to any third party, except in the following cases:
a) SwapAround may disclose such data to other Users of SwapAround Platform;
b) SwapAround may disclose such data to its representatives, employees and subcontractors regarding the administration of SwapAround Platform and provision of Services;
c) disclosure of such data is necessary for the fullfilment of obligations of SwapAround;
d) disclosure of such data is required by public authorities or public officials who, under the applicable legislation, are authorized to request and collect such data; and
e) in any other cases specified by the applicable law.
SwapAround shall provide assistance in the event any User will wish to exercise the right of access, correction, erasure, portability or any other right granted by applicable legislation.
SwapAround undertakes to take all reasonable steps to protect the personal data of Users against loss and unauthorized access, use, deletion and disclosure; and, as required by applicable laws, process personal data in a manner that ensures appropriate confidentiality and security of the personal data.
SwapAround shall notify Users without undue delay upon SwapAround becoming aware of a personal data breach affecting personal data of Users. SwapAround shall make reasonable efforts to investigate, mitigate and remediate such personal data breach.
As used in this Section 10, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates internationally.
To the extent permitted by law, SwapAround reserves the right to market the results of automatic data handling conducted in accordance with these Terms.
To the extent permitted by law, these Terms, as well as provision of our Services, are governed and construed in line with the Czech law, and any dispute arising in connection with these Terms and our Services shall be settled solely by the competent court in the Czech Republic, unless courts of other country have exclusive jurisdiction to hear the case.
Rights and obligations of the contracting parties within the relationship established by these Terms are governed in particular by the Czech Act No. 89/2012 Coll., the Civil Code, as amended. The contracting parties have agreed to exclude the application of the provisions of § 2450, 2451, 2452 and 2453 of the Civil Code to their mutual contractual relations under these Terms.
The original version of these Terms in the English language has been translated into other languages. In the event of any discrepancies regarding the content or interpretation of these Terms or inconsistency of the English version and a version translated into another language, the Terms in the English language shall be considered valid, conclusive and decisive to the extent permitted by law. The English version of the Terms is available on SwapAround Platform (choose English language), or it can be sent to you upon your written request.
If any part of these Terms becomes invalid, legally ineffective or non-binding, the other parts of these Terms shall survive. In such a case, the invalid provision shall be enforced in full in accordance with the applicable law, and you shall adopt measures with an effect similar to the invalid, legally ineffective or non-binding measure, in accordance with the content and purpose of these Terms.
These Terms enter into force and become effective on [to be completed]. If necessary, SwapAround may update these Terms by publishing updated Terms on its website, and these shall apply and become effective from the date of such publication. By accessing and/or using SwapAround Platform, as well as using any of our Services, you agree with the current wording of our Terms published on SwapAround Platform and you undertake to follow them.
You may not assign any rights or obligations towards SwapAround to any third party without the prior written consent of SwapAround.
Etcetera Business and Tourism s.r.o.
ID No.: 068 65 453
VAT reg. no. CZ06865453
110 00 Praha 1
Subject registered in the Register of the Municipal Court in Prague under file no. C 290385
Tal-Pietà PTA 9041