Terms of Service

1. Welcome to Sefer Swap

Sefer Swap is a Jewish Book marketplace with a global community.

1. Sefer Swap can be accessed via our website (the Service).
2. The Service is operated by KANTECH LIMITED, registered in England and Wales under company number 13425835 and with its registered office at 5 Anglo Dal House, Spring Villa Park, Edgware, Middlesex, United Kingdom, HA8 7EB (we, our or us).
3. The service is designed specifically for members of the Jewish community. By using the service or creating an account, you affirm that you are part of the Jewish community or have a legitimate connection to its culture, religion, or traditions. The service reserves the right to terminate accounts or deny access at its sole discretion to individuals who do not meet this eligibility requirement.

2. Your relationship with us

These are our terms. Make sure you understand and agree to them before using Sefer Swap. Let us know if you need help in understanding what they mean for you.

1. These terms, along with the policies set out in our Privacy Policy (the Policies) are the rules that govern your access to and use of the Service (the Terms of Service).
2. By setting up an account and/or using the Service, you agree you will be bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Service.
3. If there is anything in the Terms of Service that you do not understand, please contact us via our Feedback page so we can help.

3. Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use, and share your information and how we use cookies as part of the Service.

4. Who can set up an account with us?

Anyone aged 13 or over and anyone who is Jewish can use Sefer Swap.

1. To use our Service, you need to register with us by setting up an account with your full name, email, shul name, rabbi name, country, city, and password (your Account). You must provide us with accurate and complete information so that the Service can operate properly. If any of your details change, you must update your information by logging into your Account.
2. Children under the age of 13 are not allowed to use Sefer Swap. You must be at least 13 years old to use the Service or at least over the age at which you can provide consent to data processing under the laws of your country, if that is older than 13 years old.

5. Keeping your account details safe

Keep your account details to yourself. If you think anyone else knows your details, let us know so we can take steps to keep your account secure.

1. Keep your password, or any other piece of information you have been given or chosen as part of our security procedures, confidential and do not share it with anyone else.
2. If you know or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us via our Feedback.

6. How does Sefer Swap work?

Sefer Swap enables users to receive and give away Jewish books from other third-party users.

1. Our Service enables you to receive (Buy or buying) and give away (Selling or sell) Jewish books from other Sefer Swap users.
2. We want our Service to be a positive experience for our users. You must honour the commitments you make to other users when you use the Service and only list items that comply with the Terms of Service and the Policies.
3. If you are:
   • Receiving an item, the agreement for the giveaway is made solely between you and the seller.
   • Giving away an item, the agreement for the giveaway is made solely between you and the buyer.
4. Sellers are responsible for making sure items are fit for purpose, safe, legally compliant and match the description provided in the listing. It is important that you point out any wear marks or defects.
5. You are also responsible for making sure that any age-restricted items are marked clearly with the applicable age restriction (as required by law). Receivers (The Buyers) agree that they will not buy an item if they are younger than the advertised and legal age restriction.
6. Ensure you take all appropriate precautions when chatting with others on Sefer Swap before divulging any personal details. Sefer Swap is not responsible for any negative occurrences or outcomes from users sharing personal details.

7. What are the rules for using Sefer Swap?

We want Sefer Swap to be a safe space for Jewish People, so you must follow our rules.

1. You may only use the Service to:
   • Give away items that you have the right and title to give to buyers.
   • Upload User Content that complies with our Terms of Service. User Content is any content that you post using our Services, including usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials.
   • Browse and purchase items listed on the Service.
2. You may not use the Service to:
   • Do anything illegal or which is in breach of applicable law.
   • Do anything for improper purposes.
   • List or give any item that does not contain any Jewish content inside.
   • Post any User Content that does not comply with these Terms of Service or any of our Policies.
   • Do anything that is fraudulent or deceptive or post any User Content that is false or misleading.
   • Use or share another user’s User Content without their consent, on Sefer Swap.
   • Modify, interfere with, intercept, disrupt or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service (e.g. an application programming interface), or use any bots or other third-party software on the Service.
     • Fully comply with our Terms of Service.
     • Remove the item from Sefer Swap promptly in the event the item sells or is given away on an Alternative Platform.
     • Accept full responsibility in the event your item sells or is given away on both Sefer Swap and an Alternative Platform.
   • Test, circumvent, monitor or breach the security measures of our Service.
   • Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s equipment.
   • Collect any data from the Service other than in accordance with the Terms of Service.
   • Use any photographs, images, text, music or video that belongs to someone else without their permission, or post content that does not belong to you.
   • Make use of the materials and content making up the Service for any other purpose than using the Service in accordance with the Terms of Service.
   • Transfer your right to use the Service to another person or to sell, gift or transfer your Account to another person.
   • Post any commentary about another person without that person’s permission.
   • Post any private or confidential information relating to you or another person.
   • Offer to sell or give away an item that you do not possess (also known as dropshipping), unless you have personally designed it.
   • Bully, threaten, defame, abuse, spam, harass, behave inappropriately towards or otherwise violate the rights or interests of others.
   • Support, praise, glorify, represent or depict terrorist or extremist organisations, or known members of such organisations.
   • Link to any third-party websites, apps or platforms.
   • Coordinate pricing with other sellers.
   • Create more than one Account, unless we agree otherwise.
   • Permit another person to use the Service under your name or on your behalf.
   • Interfere with or manipulate any ratings system or user feedback system.
3. Failure to comply with the Terms of Service or any of our Policies will be treated very seriously by us and may result in us:
   • Temporarily or permanently removing any User Content (including the removal of items listed on the Service).
   • Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account.
   • Taking legal action against you.
   • Disclosing information to law enforcement authorities if we reasonably feel it is necessary or we have a legal obligation to do so.

8. Your content

We can use any content you post on Sefer Swap to provide the service or operate our business.

1. You own all the rights in, and are solely responsible for, your User Content. You represent that you have all necessary rights to all parts of your User Content and that you’re not infringing or violating any third party’s rights by posting it.
2. By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, licence, sub-licence, assign, transfer, prepare derivative works, and exploit your User Content (including any intellectual property rights included in the User Content) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence, to the extent your User Content contains any personal information.
3. If you delete your User Content:
   • It may continue to appear on our Service, if you have shared your User Content with other users.
   • It's possible that search engines will continue to find and display your User Content as part of their search results, if you made your User Content available through other companies' services.
4. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
5. We may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will inform you that your User Content is in breach of our Terms of Service or Policies, and the action we have taken up to and including the termination or suspension of your right to use the Service as set out in section 11 of these Terms of Service.
6. User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. For more information about what happens to your User Content if our relationship ends, see section 11 of these Terms of Service.

9. Reporting unauthorised content

Let us know if you think any content on Sefer Swap infringes your rights or does not comply with these Terms of Service and we will take action, as appropriate.

1. We have great respect for intellectual property rights, and are committed to following appropriate legal procedures to remove infringing content from the Service. If you think that any content available through our Service infringes your rights or fails to comply with these Terms of Service, you can let us know by sending us a feedback message. We will take the action that we believe is appropriate depending on the nature of the message and will aim to respond to you within a reasonable period of time on the action we propose to take.

10. If you want to end our relationship

If you don't want to use Sefer Swap anymore, you can do this by contacting us to deactivate your account.

1. If you would like to end your use of the Service by closing your Account, you can do so by following the steps below:
   • Emailing Sefer Swap at [email protected]
2. If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question. See our Privacy Policy for information on what happens to your data if you terminate your account. Closing your Account will not affect any outstanding payments you have with us.

11. If we want to end our relationship

We can end your use of Sefer Swap on notice or if you are in breach of our Terms of Service.

1. We may terminate your Account or your right to access or use all or any part of the Service without cause by giving to you not less than 45 days’ notice.
2. We may terminate your Account or your right to access or use all or any part of the Service if you have failed to remedy a breach of the Terms of Service within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Service in which case notice to terminate will be effective immediately.
3. We may terminate or suspend your Account (and any Accounts Sefer Swap determines are related to your account) and your access to or use of the Services based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Sefer Swap will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated the Terms of Service or we have legal or regulatory reasons to not notify you.
4. If we terminate or suspend your right to access or use the Service, or we find that your User Content is in breach of our Terms of Service or Policies, we will provide a statement of reasons at the time notice is given. No statement of reasons will be given where:
   • We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds.
   • Notice to terminate is given and we can demonstrate that you have repeatedly infringed the Terms of Service.
5. If you or we end your use of the Service, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. As we do not guarantee the permanent availability of User Content, you agree that you will not rely on the Service for the purposes of User Content backup or storage.
6. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

12. Our liability/responsibility to you

We try to make Sefer Swap the best service we can, but we can't promise it's perfect and there are certain things that Sefer Swap won’t be liable for.

1. We provide the Services with reasonable care and skill.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
3. We do not accept responsibility for any loss or damage:
   • That was not caused by our breach of the Terms of Service.
   • That was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Terms were entered into, both we and you knew it might happen.
4. We make no warranty or representation to you with respect to the Services other than what is expressly set out in the Terms of Service. In particular we do not represent or warrant to you that:
   • Your use of the Services will meet your requirements.
   • Your use of the Services will be uninterrupted, timely, secure or free from error.
   • Any information obtained by you as a result of your use of the Services will be accurate or reliable or free from error.
   • Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
5. Subject to 12.2 above, we will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Terms of Service or the provision or receipt of the Services for any:
   • Loss or harm caused by viruses, worms or other programmes designed to impair the Service.
   • Loss of profit, goodwill, opportunity, data, business or business reputation.
   • Business interruption.
   • Indirect or consequential losses, including where such loss or damage is of the type listed above.
6. Subject to 12.2 above, our total aggregate liability is limited to £50 or the Seller Fee or Marketplace Fee payable in connection with that sale transaction.

13. Resolving Disputes

If you have a dispute with us or other users, please contact us via our Feedback page so we can try and sort things out.

Disputes with us:

1. If you have a dispute with us relating to the Service, in the first instance please contact us via our Feedback page and we will try to resolve the issue informally.
2. We prefer to resolve any disagreement through our internal complaint handling system as this offers the quickest and most cost-effective solution to everyone involved.
3. In the case of a mediation:
   • Discussions shall take place in English.
   • The mediation will be held remotely with the use of communication technologies.
   • We will not bear any portion of the total cost of the mediation. Relevant aspects of the case at hand will be taken into account, including the relative merits of the claims, the conduct of the parties, and their financial strength. The total cost will be borne by you.
   • Prior to mediation, both parties will sign a mediation agreement with wording suggested by the mediator.

Disputes with other users relating to a giveaway:

1. Sellers are ultimately responsible for the items given to buyers on Sefer Swap. While we can provide support, buyers should engage directly with sellers to resolve disputes.
2. To raise an issue or dispute with another user, follow the steps below:
   • For items that have not arrived: Raise a dispute via the Feedback page.
   • For items not as described or for other issues: Open a case directly with Sefer Swap here.
   • For PayPal transactions: Raise disputes directly via PayPal.
3. If a dispute is escalated to Sefer Swap, we will attempt to help resolve it in good faith, based on our interpretation of our Policies. We will not make legal judgments. Users must comply with all timelines set by Sefer Swap during the dispute resolution process.
4. Sefer Swap has no obligation to resolve disputes, but as a seller, you agree that Sefer Swap may resolve a dispute or case on your behalf.

14. Changes and Limitations to the Service

Now and then we make changes to our Service. We try to keep Sefer Swap up and running but occasionally this isn't possible.

1. We are constantly updating and improving the Service. To do this, we may need to update, reset, stop offering, or support specific parts of the Service or features. This may affect your past activities, features you use, and User Content.
2. It is important for us to make changes to the Service as needed, and this is a key basis for providing you access.
3. You understand that our Service will not always be available or uninterrupted. While we aim for maximum uptime, there may be times the Service is interrupted for maintenance, upgrades, emergency repairs, or telecom failures. We will try to notify you of interruptions, but in some cases, such as emergencies, we may not be able to do so.

15. Changes to the Terms of Service

We may need to update the Terms of Service from time to time and we’ll give you notice if we believe the changes are material. You can see when we last made changes at the top of this page.

1. We may update the Terms of Service to:
   • Reflect changes in our services or how we do business, for example, when we add new features.
   • Take account of changes in the law.
   • Address a security risk or prevent abuse of our Services.
2. If we make a material change to the Terms of Service, we’ll provide you with reasonable advance notice, except in urgent situations, such as addressing a security risk or responding to a legal obligation. If you don’t agree to the updated terms, you should stop using the Services and terminate your account.
3. Every time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. The “effective date” at the top of this page shows when the Terms of Service were last updated.

16. General Terms

These are important legal terms about how the Terms of Service work as a contract. Let us know if you need help understanding them.

1. If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each section of the Terms of Service operates separately.
2. If you breach the Terms of Service and we do not take action immediately, this does not mean we waive our rights. We may take action in the future.
3. The Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Sefer Swap.
4. The Terms of Service are between you and Sefer Swap. No other person shall have rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

17. The Law and Venue that Apply to the Terms of Service

1. The Terms of Service (and any related disputes) are governed by the laws of England. These laws apply regardless of where you live. If you live outside England, you may also have consumer protection rights under your local laws.
2. Nothing in the Terms of Service excludes or limits rights, remedies, or guarantees that cannot be lawfully excluded or limited. In such cases, our liability is limited to the maximum extent permitted by law.
3. The English courts have exclusive jurisdiction over any disputes or claims (including non-contractual disputes) arising from your use of the Service.

18. Contact, Feedback and Complaints

If you need to contact us, please visit our Feedback page.

1. For questions about the Terms of Service or related documents, contact us via our Feedback page.
2. We value user feedback and are always open to suggestions for improving the Service. By providing feedback, you agree to waive any rights over it, allowing Sefer Swap to use it without restriction or payment.

19. Donations

1. Purpose of Donations: The Service may include a donation page to support operations, services, or charitable causes related to the Jewish community. By donating, you acknowledge that funds will support website maintenance and those working on the Service.
2. Non-Refundable Contributions: Donations are final and non-refundable, except in cases of error (e.g., duplicate transactions). If you believe an error occurred, please contact us within 7 days.