SwapVend Terms of Service

Effective Date: [26.09.2025]
Last Updated: [01.11.2025]

Welcome to SwapVend (the “Platform,” “we,” “our,” or “us”). By creating an account, accessing, or using SwapVend, you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Platform.

SwapVend operates as a community-driven marketplace and networking platform, enabling users to:

  • Create profiles and add products, services, and physical locations;

  • Post text, images, or other media to a central public feed;

  • Connect with, direct message, and engage with other users; and

  • Negotiate and enter barter or trade agreements with other users.

Please read carefully. These Terms limit SwapVend’s liability and place responsibility for user activity and content directly on users.


1. User-Generated Content

All content posted on SwapVend, including but not limited to products, services, locations, text, media, and barter arrangements (collectively, “User Content”), is created, uploaded, and managed solely by Users.

SwapVend does not:

  • Pre-screen, endorse, guarantee, or verify any User Content;

  • Control the quality, accuracy, legality, or availability of any products or services offered;

  • Participate in or oversee any negotiations, agreements, or transactions between Users.

You acknowledge that any reliance on User Content is at your own discretion and risk.


2. No Liability for User Engagements

SwapVend is a facilitator, not a party, to any agreements, interactions, trades, sales, services, or communications between Users. Accordingly, SwapVend, its owners, directors, officers, employees, and affiliates shall not be held liable for:

  • Disputes, losses, damages, fraud, misrepresentation, or dissatisfaction arising from user engagements;

  • Any harm, injury, or adverse outcome resulting from products, services, barter trades, or locations listed;

  • The conduct, actions, or communications of any user on or off the Platform.

All risks from user-to-user interactions, including bartering, messaging, and transactions, remain entirely with the Users.


3. AI Chatbot – “Chomi”

SwapVend provides access to an AI-powered chatbot known as “Chomi”, powered by the OpenAI large language model (LLM). Chomi is designed to assist Users in their personal development, entrepreneurial journey, and business activities within the SwapVend community.

You acknowledge and agree that:

  • Chomi’s responses are automatically generated and may not always be accurate, complete, or appropriate;

  • Any guidance, suggestions, or information provided by Chomi should not be considered professional, financial, legal, or business advice;

  • You are solely responsible for evaluating and acting upon any information obtained through Chomi;

  • SwapVend makes no warranties or guarantees regarding the accuracy, reliability, or usefulness of Chomi’s responses.

To the fullest extent permitted by law, SwapVend shall not be held liable for any discussions, suggestions, or outcomes resulting from interactions with Chomi. All reliance on Chomi’s outputs is strictly at your own discretion and risk.

4. Trades and Barter Agreements

SwapVend offers a feature that enables Users to negotiate and exchange products or services through barter (“Trades”) without the need for monetary payment. The Swap Market section of the Platform displays all items that Users have voluntarily marked as “Willing to Trade.”

While SwapVend facilitates communication and negotiation between Users, you acknowledge and agree that:

  • All trade offers, negotiations, and agreements are conducted solely between Users;

  • SwapVend does not verify, guarantee, or endorse the value, quality, condition, ownership, or authenticity of any items or services offered for trade;

  • Users are entirely responsible for determining the fairness, terms, and execution of any trade;

  • Users have the sole discretion to accept, decline, or withdraw from any proposed trade at any time before finalizing an agreement;

  • SwapVend does not take possession, manage delivery, or oversee the exchange of any traded items or services.

By participating in Trades, you agree that SwapVend, its owners, employees, and affiliates shall not be held liable for any disputes, losses, damages, or claims arising from or related to:

  • Misrepresentation or fraud by other Users;

  • Non-performance, failure to deliver, or dissatisfaction with traded items or services;

  • Breach of agreement, defective goods, or any resulting personal or business loss.

All trades are entered into at your own discretion and risk, and SwapVend acts purely as a neutral facilitator of communication within the Platform.

5. User Responsibilities

By using the Platform, you agree to:

  • Provide accurate and lawful information in your profile and postings;

  • Ensure you have the legal right and authority to offer any product, service, or location you list;

  • Refrain from posting unlawful, misleading, defamatory, harmful, or infringing content;

  • Comply with all applicable laws and regulations governing your business activities, transactions, and engagements.


6. Prohibited Uses

You may not use SwapVend to:

  • Post or promote illegal, harmful, fraudulent, or misleading products or services;

  • Harass, abuse, or harm other Users;

  • Upload viruses, malware, or content that disrupts Platform functionality;

  • Engage in unauthorized commercial solicitation or spam;

  • Infringe on intellectual property or privacy rights of others.

Violation of these restrictions may result in suspension or termination of your account.


7. Intellectual Property

All trademarks, branding, designs, software, and Platform materials (excluding User Content) remain the property of SwapVend or its licensors. Users retain ownership of their User Content but grant SwapVend a non-exclusive, royalty-free, worldwide license to display such content for the purpose of operating the Platform.


8. Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which can be found here:
👉 SwapVend Privacy Policy


 

9. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. SwapVend does not guarantee uninterrupted access, error-free operation, or that all content will be accurate, safe, or reliable.


10. Limitation of Liability

To the fullest extent permitted by law, SwapVend and its affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, goodwill, data, or reputation, even if advised of such damages.

Your sole and exclusive remedy for dissatisfaction with the Platform is to discontinue use.


11. Indemnification

You agree to indemnify and hold harmless SwapVend, its affiliates, and their respective officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • Your use of or access to the Platform;

  • Your User Content;

  • Your violation of these Terms or applicable laws.


12. Account Termination

SwapVend reserves the right to suspend or permanently terminate any account that violates these Terms, engages in prohibited conduct, or threatens the integrity of the Platform.


13. Changes to Terms

SwapVend may update or modify these Terms at any time. Changes will be effective upon posting, and continued use of the Platform constitutes acceptance of the revised Terms.


14. Governing Law

These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes shall be resolved exclusively in the courts of that jurisdiction.


15. Contact Us

If you have any questions about these Terms, please contact us at:
📧 admin@swapvend.co.za

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