To use the SwitchGads site and SwitchGads services, you must comply with these terms and conditions of use and other written agreements between SwitchGads and you.
YOU AGREE AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WHEN YOU USE THE ONLINE MARKET PLACE TO BUY AND SELL PRODUCTS, THEREFORE, YOU SHOULD USE THE SITE AND INTERACT WITH OTHER USERS OF THE SITE SOLELY ON YOUR OWN RISK.
SwitchGads and / or its affiliates offer website features and other products and services to you when you visit or shop at https://SwitchGads.com, use SwitchGads products or services, use mobile SwitchGads applications, or use software provided by SwitchGads for any of the above (collectively referred to as “SwitchGads Services”). SwitchGads provides SwitchGads services under the following terms and conditions:
By using SwitchGads Services in any way, including but not limited to visiting or browsing the Site, you (“user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies indicated herein and / or linked via a link. This Agreement applies to all users of SwitchGads services, including unlimited users merchants, customers, merchants, content providers, information and other features or services on this site.
If you have any questions, please see the Help section of the Site. By using SwitchGads Services and / or the Site, you agree to these Terms and Conditions and agree to be bound by this Agreement.
- SwitchGads a Platform:
SwitchGads is US based Company, only providing a platform whereby Sellers list their products on the Website of the SwitchGads and buyers make the purchase, then seller ship that product to SwitchGads for inspection and verification, SwitchGads will then send product to the buyer after aforesaid inspection and verification. So there is no direct contact between buyer and seller. However, SwitchGads is not responsible at all for any content (e.g. data, text, details, usernames, graphics, photos, images, profiles, audio, video, objects, and links) submitted by you, other users, or third parties on site. You are using the Site and any other SwitchGads services at your own risk.
The site is a site that allows users who comply with SwitchGads policies and procedures to offer, sell and purchase certain electronic goods within a fixed price format. SwitchGads is not directly involved in any deal between Users of the Site. SwitchGads does not prioritize screen users or content or information provided to users. SwitchGads cannot guarantee that the buyer or seller will actually complete the transaction. SwitchGads has no right, title, or interest in any of the products or materials listed on the Site and does not transfer legal ownership of the goods from seller to buyer.
SwitchGads does not guarantee and cannot verify the true identity, age and nationality of the user. In addition, SwitchGads does not endorse or interrogate individuals using SwitchGads, and therefore, cannot guarantee the accuracy or accuracy of any information published by the user. SwitchGads is not liable or liable for any data, advertising, communications, products, goods or services available or unavailable to, either through SwitchGads, or through a switch. SwitchGads encourages each user to be aware of and communicate directly with potential trading partners with the tools available on the Site.
- Age limit to use SwitchGads:
SwitchGads Services are not intended to reach or be used by minors, especially those under 18 years of age. If you are under 18, you cannot access or use SwitchGads or provide us with information.
By accessing or using SwitchGads, you must be of legal age to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not old enough to enter into agreements in your state (i.e., a minor), you should review this Agreement with your parent or guardian before using SwitchGads; If your parent or guardian does not agree with the Agreement as applied to you, you are not authorized to access or use Magazine Services.
- Username and Credentials:
You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Certificates”) which you may be required to create to access SwitchGads or certain features or parts thereof. We are not responsible for any misuse of your identity by any third party, whether authorized by you or not. You agree to promptly notify SwitchGads of any real or suspected unauthorized use of your Credentials or other security breaches. We are not responsible for any loss or damage caused by unauthorized use of your Information or your failure to comply with any of the requirements set out in this Agreement.
You agree to comply with the SwitchGads policies as set out in this agreement and the SwitchGads policy documents listed below (if applicable to your operations in the use or use of this site), as well as any other terms, policies and procedures that may be published from time to time here for reference and each of them may be updated by SwitchGads from time to time without notice to you. Moreover, you are liable to comply with the Local Laws regarding online behavior and acceptable content. Further, you are also responsible to comply all taxation laws as well.
- Account Details:
You must keep your account details up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must provide and maintain valid payment details such as a valid PayPal account.
- Account Transfer:
You cannot transfer or sell your SwitchGads account and user ID to any other party. When you register as a business, you personally confirm that you have the authority to bind the business to this Agreement.
- Right to Dispose of Waste:
SwitchGads can refuse to work for any user, for any reason, at any time. SwitchGads reserves the right, in the sole discretion of SwitchGads, to suspend or permanently suspend users of the Site or other SwitchGads services. SwitchGads reserves the right, in the sole discretion of SwitchGads, to cancel unverified or inactive accounts.
Joining the Site is free. SwitchGads charge a listing fee for an item from the seller. SwitchGads also charge shipping fee from the buyer. When you write something, you have the opportunity to review and accept the amount you will be charged. The SwitchGads Finance Policy (available online at https://www.switchgads.com/policies), which may change at any time without notice, is included in this agreement for reference. Changes to the Financial Policy and fees for SwitchGads services apply when published on the Site. However, SwitchGads may choose to temporarily change the monetary policy and fees for SwitchGads services for promotional events (e.g., free list dates). Such changes apply when SwitchGads submits a temporary promotional event to the Site. SwitchGads, at the discretion of SwitchGads only, may change some or all of the SwitchGads services at any time. In the event that SwitchGads introduces a new service, the service fee is applicable when the service is launched. Unless otherwise stated, all payments are made in US Dollars (USD).
You are responsible for all applicable fees and taxes associated with using the Site or other SwitchGads services.
- Marketplace Performance:
- Product List:
By listing an item on the Site, you ensure that you and all aspects of the item comply with the published policies of SwitchGads. You also authorize you to sell the item legally. You must accurately describe your item and all terms of sale. You are responsible for ensuring the accuracy of all product listings, including but not limited to, pricing, model numbers, descriptions, images, available prices, and item status. Each list must accurately and completely describe the item (s) on that list. Each unique item must have its own list. You are responsible for setting the listing price for each item to include shipping costs in accordance with the SwitchGads sales fulfillment policies. SwitchGads can add value to any list price of sales services.
Your listing may only include descriptions of text, graphics, photographs and other content related to the sale of the item. SwitchGads may reject and remove from the Site any description of the text, graphics, images and other content posted by any user of the Site or other SwitchGads Services at his or her discretion.
- Rejection or Deletion of List:
SwitchGads, at their discretion and determination, may reject or remove a product list without notice from the seller.
- No Authorization by SwitchGads:
- Return Policies:
All vendors are urged to specify their return policy policies. Vendors must formulate appropriate policies honestly and must comply with those policies. All return policies must comply with the site-wide policies of SwitchGads. Vendors have a responsibility to enforce their reasonable policies. SwitchGads reserves the right to request the seller to change the listing policy.
- Bond Sales:
All sales are binding. The seller is obliged to submit an order or otherwise complete the transaction with the buyer promptly. Sales may be closed under the conditions specified in SwitchGads Market Policies relating to Sale Voidance.
- Transaction Payments:
Market payments must be made directly by the Buyer to the Merchant in accordance with the site-wide policies of SwitchGads. Payment can be made by PayPal or another third party payment provider as agreed with the Buyer and Merchant. The Buyer, by agreement with the Merchant, may choose to pay in cash, check or other payment method approved by the Merchant for a completed sale. The seller is responsible for ensuring that the correct payment is received from the Buyer, including any applicable taxes and shipping costs, prior to the completion of the sale. SwitchGads will not be liable for any consecutive, potential, special, punitive or indirect damages caused by a buyer or seller with insufficient payment or failure of the seller to ensure proper payment received from the Buyer. SwitchGads raises its sales revenue by providing Site services; however, it is otherwise not part of that transaction, nor does it facilitate such a transaction, refund or refund in any other way other than its retail price, if it chooses to refund at its sole discretion.
- Fulfillment of Sales:
The seller is responsible for fulfilling the order or otherwise completing the transaction with the Customer as soon as possible in accordance with SwitchGads’ market policies regarding the fulfillment of the sale.
- Third Party Sites and Information:
The site may redirect or link to other Internet websites, or may include links to information, products or services provided by third parties. While SwitchGads makes every effort to work with reliable, reputable providers, from time to time those sites may contain information, equipment or policies that others may find inappropriate or objectionable in themselves. You understand and agree that SwitchGads is not responsible for the accuracy, completeness, modesty or legitimacy of the content hosted by third-party websites, and that SwitchGads is not responsible for any errors or omissions in any of the links made to those websites. The inclusion of this link or reference is provided as convenient and does not imply endorsement, or affiliation with the Site or group by SwitchGads, or any other warranty of any kind, whether express or implied.
- Prohibited, Doubtful Offenses and Offenses:
You are solely responsible for your own conduct and activities on the Site and / or in the conduct or activities relating to or in connection with any SwitchGads Services. And you are solely responsible for any data, text, information, usernames, graphics, photos, photos, profiles, audio, video, objects and links (together, “Content”) that you post, post, and display on the Site.
- Restricted Activities:
Your content and use of the Site or other SwitchGads services will not:
- False, misleading, and misleading;
- Fraud or involve the sale of illegal, counterfeit or stolen goods;
- Violation of copyright, trademark, patents or other intellectual property rights;
- Violation of this Agreement, any site policy or community guidelines, any applicable laws, regulations, rules, (including, but not limited to, those regulating export control, consumer protection, unfair competition, anti-discrimination or false advertising.);
- Contains items identified by the U.S. Consumer Products Safety Commission (“CPSC”) as hazardous to consumers and should therefore be kept in mind;
- Insult, trade freely, threaten, illegally harass, impersonate or intimidate anyone (including SwitchGads employees or other users), or falsely represent your-self as other person by using similar email address or nick names or the creation of false accounts or other means or device;
- Be obscene or contain child pornography;
- Contains or transmits any malicious code that could harm, interfere with, damage or infringe any program, data or personal information;
- Capture images that are not part of the list;
- Change, modify or link to the Site or alter another website to imply that it is associated with SwitchGads;
- It appears to create SwitchGads credit or cause SwitchGads to lose (in whole or in part) the services of SwitchGads ISPs or other providers;
- User License Grant of License in favour of SwitchGads:
- Grant SwitchGads license in favor of user:
Subject to your compliance with these Terms and Conditions, this Agreement, and your payment of any applicable fees, SwitchGads or content providers grant you a limited, non-exclusive, non-transferable, and implicit license to access and make personal and non-existent commercial use of the Site. This license does not cover the reuse or commercialization of any SwitchGads Service, or any of its contents; any collection and use of any product list, descriptions, or prices; any use based on any SwitchGads services or content; any download or copying of account information for the benefit of another user, merchant, buyer or seller; any use of data mining, robots, or similar tools for data collection and extraction. All rights not expressly granted in this Agreement are reserved and retained by SwitchGads or its licensors, suppliers, publishers, copyright holders, or other content providers. No SwitchGads Service, or any part of any SwitchGads Service, may be reproduced, duplicated, copied, sold, resold, visited, or exploited for any commercial purpose without the written permission of SwitchGads. You may not frame or use framing techniques to insert any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SwitchGads without written permission. You may not use any Meta tags or other “encrypted text” using the name of SwitchGads or trademarks without the written permission of SwitchGads. You must not abuse the Site or any SwitchGads services. You may use the Site or any other SwitchGads services only as permitted by law. Licenses granted by SwitchGads terminate if you do not comply with this Agreement.
- Re-Posting Content.
By posting content on the site, it may be possible for an external website or a third party to resubmit the content. You agree to bind, protect, and securely hold SwitchGads in any dispute concerning this use. If you choose to display your image hosted by SwitchGads on another website, the image should provide a link back to its listing page in SwitchGads.
- Information Control:
- No Control of Content by SwitchGads. SwitchGads does not control the Content provided by users that is made available on SwitchGads. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site or any SwitchGads Service, you assume all risk.
- International Transactions. There may be risks dealing with international trade and foreign nationals. By using the Site or any SwitchGads Service, you agree to accept such risks and you expressly agree that SwitchGads (and SwitchGads’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
- Other Resources. SwitchGads is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SwitchGads does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SwitchGads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
- Resolution of Disputes and Release:
- Except for party claims of infringement or infringement of copyright, trademark, trademark, or trade secrets, any disputes between you and SwitchGads arising out of or relating in any way to this Agreement, must be resolved conclusively as set out in this section. This mediation agreement is intended to be widely interpreted. Including, but not limited to, all requests and disputes relating to your use of any of the SwitchGads Services.
- The dispute will be governed by the Industrial Dispute Resolution Rules and Additional Procedures of the American Arbitration Association Consumer Dispute Resolution (“AAA”), as amended by this section. In any case where the total value of the award prayed is $10,000 or less, AAA, you and SwitchGads must comply with the following rules: (a) Mediation will only be done in accordance with the written submission; and (b) arbitration shall not involve personal appearance by parties or witnesses unless otherwise agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by AAA rules, and the hearing (if any) must take place when you select the following locations: San Francisco, CA, Denver, CO, or New York, NY. The decision of the arbitrator is binding and may be entered as a decision in any court of competent jurisdiction. In the event that this arbitration agreement is not enforced by a court, disputes that would otherwise be filed will be brought only to the state or federal courts in New York City, New York. Claims for infringement or misuse of a third party copyright, trademark, patent, or trade secret will only be filed in federal and state courts in New York City, New York.
- Risk Consideration:
You acknowledge and agree that there are risks associated with using an online marketplace and communicating with other users in person. SwitchGads does not investigate or verify human dignity, behavior, morals, criminal background, or any information that users may send to the SwitchGads. You alone are responsible for taking all precautions when communicating with other users, especially when you first meet a stranger. It may be that other users will attempt to physically harm or defraud you or to obtain information from you for fraudulent purposes. You are solely responsible for the risks associated with selling and purchasing with SwitchGads services (including all online and offline communications with other users).
Meeting places, sometimes referred to as exchanges, are suggested places, such as the police station or local store, which are often open and accessible to the public. SwitchGads does not automatically guarantee conditions in any such location, does not monitor meeting locations and does not guarantee its safety or security. You alone are responsible for your use of public meeting places, and any disputes arising from such use, including any proposed public meeting place.
- SwitchGad’s Intellectual Property:
SwitchGads, and designs of SwitchGads, logos, textures, page titles, button icons, texts, and service names are registered intellectual property of SwitchGads in the US and / or other countries. Intellectual Property of SwitchGads and trademarks may not be used, including as part of trademarks and / or as part of domain names or email addresses, in connection with any product or service in any way that may cause confusion.
Without limiting any other remedies, SwitchGads, without notice, and without any delay may promptly remove content, alert the SwitchGads community of user actions, issue a warning to the user, suspend the user, suspend the user or permanently the account rights, terminate user account, block access to the Site, and take technical and legal action to keep the user away from the Site and refuse to provide services to the user if any of the following applies:
- SwitchGads cannot verify or authorize any of your personal information or content; or
- SwitchGads believes that the user acts in violation of the manual or spirit of SwitchGads policies, engages in improper or fraudulent activity on the Site or in relation to SwitchGads or actions may result in legal liability or financial losses to SwitchGads or SwitchGads users.
- DISCLAIMER OF WARRANTIES:
SWITCHGADS, SWITCHGADS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SWITCHGADS’ SUPPLIERS PROVIDE THE SITE AND SWITCHGADS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SWITCHGADS, SWITCHGADS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SWITCHGADS’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE, SWITCHGADS SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THROUGH SWITCHGADS SERVICES ARE PROVIDED BY SWITCHGADS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SWITCHGADS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY SWITCHGADS SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER SWITCHGADS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SWITCHGADS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWITCHGADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWITCHGADS DOES NOT WARRANT THAT THE SITE OR SWITCHGADS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, SWITCHGADS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SWITCHGADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWITCHGADS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SWITCHGADS SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FURTHER, SWITCHGADS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SWITCHGADS SHALL CREATE ANY WARRANTY.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION.
- LIMITATION OF LIABILITY:
IN NO EVENT SHALL SWITCHGADS AND/OR (AS APPLICABLE) SWITCHGADS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SWITCHGADS’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SWITCHGADS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SWITCHGADS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SWITCHGADS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SWITCHGADS IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to bind and hold (and their affiliates and their officers, directors, employees, contractors, and agents) without risk, including reasonable costs and attorneys’ fees, for any claim or claim made by any third party as a result of (a) your use of SwitchGads or content, (b) your user content, (c) your breach of this agreement; or (d) your breach of applicable laws or regulations. SwitchGads reserves the right, at your own expense, to provide you with special protection and control over any matter you need to pay us and you agree to co-operate with us in defending these claims. You agree that you will not resolve any issues without the written permission of SwitchGads. SwitchGads will use reasonable efforts to notify you of any claim, action or continued action you are aware of.
SwitchGads does not guarantee continuous, uninterrupted access to the Site. The operation of the Site may be affected by a number of factors beyond the control of SwitchGads. You understand and agree that temporary site disruption may occur as normal events outside the control of SwitchGads. You understand and agree that SwitchGads has no control over the network or third-party services that SwitchGads may use to provide you with Site and / or SwitchGads services for you. You agree that the Site and any SwitchGads services are provided with “AS IS” and that SwitchGads is not responsible for any delays, deletions, improper delivery or failure to maintain any user communications or personalization settings.
- Governing Law:
This Agreement shall be governed by and construed only in accordance with the laws of the State of New York, USA without the application of any law which may result in the enforcement of any other law.
- Intellectual Property Rights:
SwitchGads also agrees that, in the event that any third party claiming that the Apple App or its subsidiaries and use of the Apple App infringes a third party license, Apple, will only be responsible for investigation, defense, payment and discharge of any contravention charge.
- User From Terrorist Countries:
You represent and warrant that (i) you are not in a country under the jurisdiction of the U.S. Government, or declared by the U.S. Government. As a “Terrorist country”; and (ii) is not on the U.S. Government’s list of illegal or forbidden groups.
- Developer Name And Address:
Terms of External Company Agreement: You must comply with the terms of the third party agreement when using the Apple App.
The Beneficiary from You is deemed to have received the right) to enforce this Agreement on you as its third party beneficiary.
- Contact Us:
If you have any questions about this Agreement, you can contact us by email at [mention email ID]