Resource Cumbria : SwapIt : Terms and conditions

1.1. By accessing this Website you are agreeing to the following terms and conditions :

"We", "Our", "us" means Cumbria County Council as provider of this Website and in its capacity as Accountable Body for the collaboration known as Resource Cumbria and consisting of Cumbria County Council, Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council

"You", "your" means the person using this Website

"Agreement" means these terms and conditions;

"Content" means any text, image, sound or graphic placed or submitted on this Website

"IPR" means all intellectual property rights including any and all trade marks, rights in designs, get up, business or domain names; copyrights, patents, rights in databases (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing) rights in inventions, know how, trade secrets and other confidential information and all other intellectual property rights of a similar or corresponding nature that may now or in the future subsist in any part of the world;

"Website" means this website identified by the URL www.recycleforcumbria.org and www.resourcecumbria.org

1.2 Headings are for convenience only and do not form pat of this Agreement

1.3 All references in this Agreement to "person" shall include companies, partnerships and other organizations

By using this Website you agree as follows:

2.1 This Website is a not for profit site. You must not offer goods for sale or offer cash in exchange for a swap.

2.2 This Website is a venue for you to list and swap items. We are not an intermediary between, or agents of, swappers.

2.3 We never possess the items offered through this Website and we are not involved in the actual transaction between swappers. As a result, we have no control over, and are not responsible for ensuring, the quality, safety or legality of the items advertised, the truth or accuracy of the listings or the ability or willingness of swappers to complete swaps. It is your responsibility to check the quality of the item during the exchange. We cannot accept responsibility for any items swapped on this Website.

2.4 We are not liable for swappers' acts, statements, breaches of contract or omissions. Item descriptions should be complete and accurate. You should avoid using statements which could be misinterpreted.

2.5 This Website must not be used to arrange collection or drop off. This must be done directly between the two parties involved in the swap. Please read our guide to Sensible Swapping.

2.6 once you have successfully swapped your item it is the responsibility of both parties to notify the moderator at nick.wright@cumbriacc.gov.uk to request the removal of the item from the swapit list.

3.1 When listing a swap item, you must ensure that you are the legal owner of the item and that it is lawful to exchange it

3.2 You must not use our Website to copy, publish or send Content which is illegal or unlawful, or Content which could give rise to legal proceedings under English or other applicable law. All Content that you copy, publish or send via our Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such Content must not infringe any person's IPR or rights of confidence, intrude upon any person's privacy, or constitute incitement to commit a crime; further Content must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

3.3 As a swapper you are legally obliged to complete the swap with the other swapper once you have both confirmed your wish to go ahead with the swap.

4. Website interference

4.1 You must not use any mechanism, device, software, script or routine to affect the proper functioning of this Website or any service taking place on this Website.

4.2 You must not take any action that places an unreasonable burden or excessive load on our computer systems. You agree not to infect our Website with any computer programming routine that may damage, interfere with, delay or intercept or expropriate any system, data or personal information

5.1.1. All rights and title (including IPR) in this Website and any Content belongs to or is duly licensed to us

5.1.2. You shall not nor shall you permit others to use, copy or distribute, rent, loan, lease, sub-license, transfer or otherwise deal in the Website and/or such Content except as may be permitted by this Agreement

5.1.3 You shall not alter, adapt, merge, modify or translate the Website and/or the Content in any way

5.1.4 You shall not use the Content for the purpose of compiling further or alternative databases or sources of information

5.1.5 You shall not use the Content for business or commercial use or exploitation

5.2 We do not warrant that this Website will be operational, uninterrupted and/or error or virus free

6. Right of termination

6.1 We reserve the right, acting in our absolute discretion, to terminate any swap listing or use of this Website immediately and without notice if:

6.1.1 We believe that you have broken the spirit or the letter of this Agreement

6.1.2 We believe that you have contravened or tried to contravene the rights of other Website users

6.1.3 We believe that your actions may cause us financial loss or legal liability

7.1 You agree that the use of this Website is at your sole risk. We reserve the right to modify or discontinue this Website if there is a change in the law or our operational requirements or preferences.

8. Limitation of liability

8.1 We will not be liable for any economic losses, any loss of goodwill or reputation or any special, indirect or consequential damages arising out of or in connection with this Agreement

8.2 We will not accept any liability whatsoever for the acts or omissions of other providers of telecommunications services or for faults in, or failures of, their networks and equipment

9.1 You agree to indemnify and hold the Council harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of, your breach of this Agreement, or your contravention of any law or the rights of a third party

10. Claims Against Swappers

10.1 If you have any claim or action against a swapper arising from the use of this Website, you agree to pursue it independently of and without recourse to us You hereby release us from all claims, liability, damages, losses, costs and expenses arising from, or in any way connected with, such a claim or action

11. Third parties

11.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of it.

12. Fair Play

12.1 This Website is provided in good will for people to engage in friendly natured, light hearted swapping. Please use it as such."

13. Privacy Policy

13.1 This website is covered by the Cumbria County Council privacy policy, terms and conditions for which are available at www.cumbriacc.gov.uk