Terms of Use

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These Terms of Use (“Terms”) govern the access and use of theswapportal.com website (“TheSwapPortal” or “the Platform”) by User (“You/your”). The Platform is owned by TheSwapPortal, LLC and we provide the Platform and the services available on the Platform to you subject to these Terms. We therefore reserve the right to make changes to the Platform and to these Terms at any time without prior notice to you.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy as well as any additional terms and conditions governing your use of the Platform, all of which are incorporated herein by reference. Hence, please read these Terms of Use carefully before using the Platform.


Please note that by using our Platform, you agree, acknowledge and warrant that: (i) We do not provide any financial services, remittance services, money transfer operator services or any other foreign exchange services; (ii) You are aware of the risks associated with transferring or exchanging money with individuals across the internet and you are willing to fully assume the risk of conducting such transactions; (iii) We are merely providing the Platform as a niche social networking solution and do not have any obligations to conduct due diligence on our users. However, you acknowledge and accept that all the steps we have taken to conduct due diligence on the users are sufficient and do not absolve you of your duty to take all necessary precautionary measures in your use of our Platform but absolve us and fully satisfy any duty of care that we may owe to you as a user of our Platform (iv) We shall not be liable for any such risks or adverse outcomes that you encounter in the course of using this Platform. (v) Your use of our Platform shall be in compliance with all applicable Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) laws and regulations applicable to you.


IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE PLATFORM.

  • 1. THE AGREEMENT

    These Terms create an agreement between you and us. It details our obligations to you, and it highlights certain risks on using our Platform and you must consider such risks carefully as you will be bound by the provision of this Terms of Use through your use of the Platform.

    Upon agreeing to these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferrable license to access and use the Platform. You agree that you are solely responsible for (i) your use of the Platform, (ii) any breach of your obligations under the Terms of Use, and (iii)for the consequences of any such breach (including any loss or damage which we may suffer).

    By accepting these Terms of Use or using the Platform, you agree that you have received, read, understood, and agree to be bound by the terms and conditions contained in this Terms of Use, and/or any subsequent amendments thereto, as well as the laws, rules, and regulations applicable with respect to your use of the Platform

  • 2. User Representation

    In order to or by choosing to: access, use and continue to have access and usage rights with respect to the Platform, you provide us with the following representations and warranties:.

    1. i. Eligibility For Use (Age and other Criteria)

      In order to register for our services on the Platform, you represent and warrant that You either possess corporate legal personality or are at least 18 years of age, are legally able to enter into a binding contract, and are not a person barred from receiving services [under the laws of any jurisdiction applicable to you]. We reserve the right to deny, in our sole discretion, any access or use of the Platform without notice for any reason.

      further represent and warrant, that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), The List of Specially Designated Nationals Maintained By OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the Denied Persons or Entity List of the U.S. Department of Commerce. We reserve the right to choose which locations and jurisdictions we want to conduct business, and may restrict or refuse, in our discretion, the provision of the Platform in certain countries or regions

    2. ii. Registration, Accounts and Log-in Details

      Before you can access certain features on the Platform, you may be required to provide personal and/or demographic information as part of the registration and due diligence process. You represent and warrant that all the information you provide in connection with the creation of an account or the fulfillment of our due diligence requirements on the Platform is accurate, true, current and complete. You agree that, if any information changes, you will update your account to maintain accurate information and you are responsible for keeping such information up-to date (this includes your contact information, so that we can reliably contact you).

      When you create an account on the Platform, you must also create Log-in details and Password, if required. You agree that you will not distribute your Log-in details or Password to any other person, and you understand that you cannot authorize any other person to use your account. You agree that you will not transfer, sub-license, sell, or assign your rights in your account to any other person.

    3. iii. Passwords and Unauthorized Use

      You represent and warrant that you are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your account credentials. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You also, acknowledge that you are to protect the confidentiality of your password as we shall not be liable for any loss or damage arising from your failure to protect your password or account information.

      If you believe that a third party has gained access to your account, you warrant that you shall immediately notify us at assist@theswapportal.com. Failure to do this promptly may result in your account being suspended without prior notice. You expressly agree that you will be responsible for any costs arising from a data breach caused by unauthorized use of your account credentials, including, if applicable, notice to the affected individuals.

    4. iv. No Binding Authority

      You represent and warrant that you shall not make any warranty or representation whatsoever in relation to the Platform which may bind us or make us liable in any way whatsoever.

    5. v. Access and Usage Restrictions

      In addition to the above warranties, you agree that your access and usage of the Platform shall be restricted in the following manner:

      1. You will use the Platform only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations applicable to you. You further agree that you shall not use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Platform or servers or networks connected to the Platform

      2. You shall not use the Platform in any manner that seeks to contravene and/or circumvent all applicable Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) laws and regulations applicable to you.

      3. You shall not use the Platform in any manner that could interfere with any other party’s use and enjoyment of the Platform or servers, or networks connected to the Platform.

      4. You shall not use the Platform to intimidate, threaten or harass another User or incite violence or promote any illegal activity.

      5. You shall not use the Platform to make or attempt to share content or publish statements with the designs on impersonating another person or entity or misrepresenting your affiliation with a person or entity, sharing the private information of any third party, including but not limited to addresses, phone numbers, email addresses, social security numbers, Infringing on a third party’s intellectual property rights.

      6. You shall not use the Platform to promote or endorse drug use, child pornography, or other illegal activities; or to publish hate speech, nudity, or graphic or gratuitous violence.

      7. You shall not use the Platform to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any state, national or international law.

      8. You shall not use the Platform in a manner that is calculated to use or attempt to use another user's account, service, or system without authorization from that person and from us or create a false identity on the Platform.

    6. vi Platform Security Restrictions

      In addition to the above warranties, you agree that your access and usage of the Platform shall be restricted in the following manner:

      1. You shall not alter copy, modify or tamper with the Platform as provided by us.

      2. You further agree not to collect email addresses or other contact information of users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

      3. Additionally, you agree not to use automated scripts to collect information from the Platform or for any other purpose.

      4. You agree not to access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to these Terms), without our express prior written consent.

      5. You agree that you shall not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute any content on the Platform or to manipulate the Platform.

      6. You agree that you shall not access, tamper with, or use non-public areas of the Platform, our computer systems, or the technical delivery systems of our providers.

      7. You agree that you shall not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

      8. You agree that you shall not forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Platform to send altered, deceptive, or false source-identifying information; or interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Platform, or using the Platform in such a manner as to interfere with or create an undue burden on the Platform.

      9. You shall not use the Platform to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any information that infringes the intellectual property rights of others.

      10. The restrictions outlined in this Clause 2(vi) do not apply to security researchers participating in vulnerability coordination and bug bounty program on behalf of us and upon our instructions.

  • 3. Communications and Notices from Us

    Upon creating an account on the Platform or accepting these Terms or otherwise providing your email address to us, you expressly consent to be contacted from time to time, by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialling system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also agree that we may contact people in your network should we try to reach you to no avail. You may elect to opt out of receiving marketing emails at any time by notifying us via assist@theswapportal.com or by following the instructions and link provided within the email (where this option is available). Please allow up to 14 days for your marketing communication preferences to become fully effective.

  • 4. Consent to Electronic Transactions and Disclosures

    Because the Platform operates via the Internet, it is necessary for you to consent to transact business online and electronically. As part of doing business with the Platform, we also need you to consent to our giving you certain disclosures electronically, either via our Platform or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically, all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Platform.

  • 5. Suspension or Termination of Access

    We have the right to deny your access to, and suspend or terminate your access to, the Platform for any reason, including for any violation by you of these Terms of Use. We further reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Platform and its services and any part thereof without notice to you. We shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.

  • 6. Intellectual Property Rights

    We own the intellectual property rights in the Platform and all content and materials displayed on the Platform. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means), the Platform or any material from the Platform unless explicitly authorized in these Terms of Use.

    You acknowledge that all rights, title and interest in and to the Platform, together with its codes, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, trade secrets, proprietary information or other related materials is, and at all times shall remain our sole and exclusive property. Except the right to use the Platform, as expressly provided herein, this Terms of Use does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Platform.

    Our name, the Platform and all related names, logos, product and service names, designs and slogans are copyright and trademarks belonging to us. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

    Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

    We respect the intellectual property rights of others. Please contact us at assist@theswapportal.com. if you believe your trademark is being used in violation of the law. If you believe that an allegedly infringing content has been made on the Platform and you are authorized to act on behalf of the owner of the exclusive right in that content, you may send a notice to us at assist@theswapportal.com.

  • 7. Limitation of Liability

    To the maximum extent permitted by applicable law, we shall not be liable to you for any cause whatsoever, regardless of the form of the action. As permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether direct or indirect, incidental or special, consequential or punitive, even if foreseeable, arising under or in connection with the use of, or inability to use our Platform and you hold us harmless in respect of:

    i. any loss of profits, loss of business, loss of revenue, loss of contracts, loss of goodwill, loss of anticipated earnings or savings (whether direct, indirect, incidental or consequential); or

    ii. any loss of use or value or damage of any data or equipment (including software), wasted management, operation or other time (whether direct, indirect, incidental or consequential); or

    iii. Any special, indirect, punitive, incidental or consequential loss, arising in connection therefrom. We shall not be liable for any unauthorized use of the Platform, or the consequences thereof. Such unauthorized usage shall be entirely at your own risk.

    We shall not be liable for any unauthorized use of the Platform, or the consequences thereof. Such unauthorized usage shall be entirely at your own risk.

  • 8. INDEMNITY

    You hereby agree and undertake to fully indemnify and keep us harmless from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, charges, expenses and damages which we may suffer or incur as a result of:

    1. any fraud, negligence, dishonesty or misconduct (criminal or otherwise) relating to the transactions perpetrated by you, your servants, agents, employees or contractors or the fraud, dishonesty or misconduct (criminal or otherwise) perpetrated by a third party as a result of the negligence or default of you, your servants, agents, employees or contractors.

    2. any loss arising from any fraud or dishonesty arising from a breach of security of your software or hardware by a third party on the Platform.

    You shall not hold us liable or responsible for any action, claim, cost, expense, damage and loss, including consequential loss or damage or loss of profit, which you may suffer or incur as a result of a breakdown in the Platform or when the Platform is not available by reason of circumstances beyond our control or arising directly or indirectly out of your use of the Platform. We believe it is of utmost importance to protect our other users and we may in furtherance of protecting the other users, exercise our rights to restrict or deny you access or usage of the Platform. Therefore, if we exercise our right to deny you or restrict your access to the Platform, we will not be responsible for any consequences of our failure to provide you with access to the Platform, including any delay, damage, or inconvenience that may result from such restriction or denial of access.

  • 9. General Disclaimer of Warranty

    The services provided under this Platform are provided to you "as is," without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. We do not warrant the accuracy or completeness of the service, the suitability of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Platform.

    We give no assurance that the Platform will meet any or all requirements you may have, whether or not advised to you. Furthermore, we give no assurance that the running of the Platform will be incessant, uninterrupted or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components. We cannot guarantee and do not promise any specific results from use of our services via the Platform, you therefore use this Platform at your own sole risk.

    The Platform may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service provided via the Platform.

    We assume no liability for any and all problems caused by any data, network, database, software, hardware or other operational environmental factors not within our direct control and we shall not be responsible for correcting such problems.

    No information or advice provided on the Platform, by us, or by our employees or agents shall create any warranty.

  • 10. Force Majeure

    We will not be liable for delay or for failure to perform our obligations if and to the extent such delay or failure results from circumstances beyond our control. Such events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, acts of terrorism, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, and any other circumstance which may hinder or delay the performance of our obligations under this Terms of Use.

  • 11. Data Protection

    If you choose to use the Platform, you agree to the collection and use of your Personal Data in accordance with the relevant Data Protection laws. We will not use or share your personal information with anyone except where required by law or under the terms of the Privacy Policy.

  • 12. Dispute Resolution

    If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the parties under this Agreement, the parties shall use their best endeavour to reach an amicable settlement of dispute. If you think you have a complaint, claim or dispute with respect to the Platform, kindly contact us immediately via assist@theswaportal.com. We would like to address your concerns and resolve any issues you may have as soon as possible, without having to resort to formal dispute resolution proceedings, where that is an option.

  • 13. Applicable Law & Jurisdiction

    These Terms of Use and all matters relating to the use of the Platform between you and us shall be interpreted and governed by the laws in force in the State of Delaware, United States of America, without regard to or application of its conflict of law provisions.

    We and you agree that where there is a reported dispute, both parties shall negotiate in good faith for the resolution of such dispute. If any such dispute is not settled between you and us within thirty (30) business days, the parties agree that it shall be settled by arbitration administered by the American Arbitration Association (“AAA”). Judgement on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Claims shall be heard by a panel of three arbitrators. The place of arbitration shall be the city and state in which our principal office is located at the time such arbitration is commenced. To the extent permitted by applicable law, the parties agree that there shall be no right or authority for any claims to be arbitrated on a class action basis, and you expressly waives any right to bring a class action lawsuit or arbitration against us or our representatives, employees, directors, officers, or control persons with respect to any claims.

    The parties agree as follows:

    1. Arbitration shall be final and binding on all parties.
    2. The arbitrators’ award is required to include factual findings and legal reasoning.
    3. The parties are waiving their right to remedies in court, including the right to jury trial, except to the extent that such a waiver would violate applicable law.
    4. Pre-arbitration discovery is generally more limited than and different from court proceedings.
    5. The party’s right to appeal or to seek modification of ruling by the arbitrators is strictly limited.

  • 14. Links To Third Party Websites

    The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  • 15. Commencement & Duration

    These Terms will remain in full force and effect while you use the Platform and every time you use the Platform. You may terminate your use of the Platform at any time. We can suspend or terminate your access to or use of the Platform, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Platform. However, Clauses 6, 7, 8,9,12,13 and 17 and any other clause which by its nature and effect is required after termination, shall survive such termination. Nothing in this Clause shall affect our right to change, limit, or stop the provision of the Platform without prior notice, as provided above in Clause 5.

  • 16. Headings & Interpretation

    The headings of each Clause in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms. The Parties also agree that the literal rule of construction is the preferred rule of interpretation of the terms and conditions contained in this Terms of Use, wherever there is a dispute with respect to the interpretation of the terms of these Terms.

  • 17. Waiver and Severability

    Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible.

  • 18. Contact Us

    Any question regarding the use of the Platform, or comments about the services provided via the Platform or its contents should be directed to assist@theswapportal.com

  • 19. Assignment

    You may not transfer or assign any rights or obligations you have under this Terms of Use without our prior written consent in its sole and absolute discretion. We reserve the right to transfer or assign this Terms of Use or any right or obligation under this Terms of Use at any time.

  • 20. Modifications

    We reserve the right to change, modify and update these Terms of Use at any time. Your continued use of the Platform after any modifications to these Terms of Use shall mean you accept those modifications. Any aspect of the Platform or the services provided on the Platform may be amended, changed, modified, supplemented, deleted or updated without notice at our sole discretion. You should therefore review these Terms of Use each time you access this Platform.

  • 21. Entire Agreement

    These Terms, as well as the incorporated Privacy Policy as well as any additional terms and conditions governing your use of the Platform, all of which are incorporated herein by reference to which you have agreed, are the entire and exclusive agreement between you and us, and these Terms supersede and replace any prior agreements between us and you regarding the Platform. Furthermore, these Terms create no third-party beneficiary rights.

  • Date of last revision 10 November 2021