Terms of Service

Terms of Service (Updating)

Welcome to Swaplancer.com, an online marketplace that allows third-party sellers to list an asset for sale; and to connect, communicate, and transact with buyers.

Swaplancer.com Pty Ltd (ACN 135 570 713) and its affiliates (“Swaplancer“) provide website features and other products and services to you when you visit Swaplancer.com (the “Website“) and use Swaplancer products or services (collectively “Swaplancer Services“). Swaplancer Services include the information, content, materials, products, and verification software included on or otherwise made available to you by Swaplancer and references to the Swaplancer Services in these General Terms include any or all of these. Swaplancer provides the Swaplancer Services to you subject to these General Terms and accessing the Website and using the Swaplancer Services, you agree to be bound by and abide by them. 

By using the Website you accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://swaplancer.com/privacy-policy and Cookies & Tracking Policy, found at https://swaplancer.com/cookies-tracking-policy, incorporated herein by reference.  Please read them carefully before using Swaplancer Services.  If you do not want to agree to these Terms, the Privacy Policy, or the Cookies & Tracking Policy, you must not access or use the Website.

You also agree to any additional terms specific to Swaplancer Services you use (“Additional Terms,” together with the General Terms, the “Terms”), such as those listed below, which become part of your agreement with us.

  1. Privacy

Please review our Privacy Policy and Cookies & Tracking Policy, which also govern your use of the Swaplancer Services, to understand our practices. Swaplancer will collect your personal information including your name, contact details, and payment details (including, without limitation, credit card details). All personal information will be handled, used, maintained, and disclosed by Swaplancer in accordance with all applicable privacy laws and data protection laws as well as our Privacy Policy which applies from time to time. Unless separately agreed between you and another buyer or seller, you must not use their personal information for any other purpose. You warrant to Swaplancer that you will comply with all privacy laws and data protection laws in relation to the storage, use, and transfer of personal information.

  • Electronic Communication

When you use the Swaplancer Services or send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

  • Copyright and Other Rights

All content included in or made available by Swaplancer, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of Swaplancer and is protected by Bangladesh and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use the Swaplancer Services for their permitted purposes and in accordance with these Terms, you may not copy, extract and/or re-utilize any content of Swaplancer without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Swaplancer Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Swaplancer Services or their content without our express written consent.

  • Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Swaplancer Services are trademarks of Swaplancer. Swaplancer’s trademarks may not be used in connection with any product or service that is not Swaplancer’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Swaplancer. All other trademarks not owned by Swaplancer that appear in the Swaplancer Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swaplancer. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Swaplancer without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Swaplancer’s names or trademarks without our express written consent.

  • Your Account

By registering and creating an account with Swaplancer, you represent and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity.  You may operate multiple accounts on Swaplancer so long as you only have one account for personal use and one account for business use. 


You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of these Terms, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you. Swaplancer is not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us via your account dashboard.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by (a) refusing service, (b) suspending or restricting access to your account, (c) terminating your account, or (d) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Swaplancer Services, the circumstances, and our assessment of relevant factors. In the event of suspected fraud, suspicion that Swaplancer users are being deliberately misled and / or evidence of shill bidding or similar, an immediate ban will take place without recourse.

  • ID Verification 

5.1 Government ID Verification 

Any reference to a buyer or seller being “verified” indicates only that the buyer or seller has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Swaplancer about any buyer or seller, including their identity, background or whether they are trustworthy, safe or suitable.

To access or use some of the Swaplancer Services, you may be asked to provide proof of identity or other methods of identity verification. You agree to provide Swaplancer or any third party which provides goods or services to Swaplancer with all identification documents (including but not limited to, copies of passports and/or government-issued driver’s license) which Swaplancer requests from you from time to time for the purposes of verifying your identity.

5.2 Data Verified and Vetted by Swaplancer 

Swaplancer gives sellers the ability to connect their asset to third party providers including but not limited to Google Analytics, Google AdSense, Shopify, WooCommerce, Stripe and more. A listing marked “Data Verified” indicates that the seller has connected with at least one of these product providers.

Swaplancer has a team of specialists, including our broker partners, who are equipped to review assets to ensure the accuracy of data displayed and therefore help to preserve the integrity of our marketplace.

Despite the fact that an asset or business is marked “Data Verified” and/or “Vetted by Swaplancer,” Swaplancer makes no warranties or representations as to the accuracy and completeness of the data displayed or the current or future performance of a business or an asset.  Third party data verification or review by Swaplancer, or one of its broker partners, is not a substitute for due diligence. As a buyer, you understand you are responsible for investigating all aspects of any purchase of assets, including independently reviewing financial information, market circumstances, operational issues, supplier contacts, and other factors relating to the functioning of the business. Swaplancer recommends you supplement the information provided by Swaplancer, or a broker partner, with your own investigation and analysis.

  • Swaplancer’s Role

Swaplancer allows third-party sellers to list and sell their assets using the Swaplancer Services. Swaplancer does not own, create, sell, resell, provide, control, offer or deliver listings or the assets contained therein. The relevant seller is indicated on the respective listing page. While Swaplancer helps facilitate transactions that are carried out on the Website, Swaplancer is not a buyer or seller in any transaction involving the seller’s assets or any other transaction among users of the Services. 

Swaplancer provides an avenue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract agreed to by the sellers and buyers regarding the seller’s assets is solely between the buyer and seller. Swaplancer is not a party to this contract and does not assume any responsibility arising out of or in connection with the contract and/or the transaction.  Swaplancer does not act as an agent for the buyer or seller. The seller is solely responsible for the sale of their assets and the buyer is solely responsible for the purchase of the assets. 

By using the Services, buyer and seller acknowledge that in the event of a dispute between a buyer and seller, Swaplancer is not a party to any transaction among the parties and therefore will not participate in any such dispute, except as follows.  Buyer and seller acknowledge and agree that Swaplancer may, upon receiving notice of a dispute from either party, and only prior to the shipping and/or delivery of the assets or under any circumstance where the following is not possible, choose in its sole and absolute discretion to cancel the transaction. In such an event buyer and seller acknowledge and agree that neither party shall have any cause of action against Swaplancer and in the event either party should pursue litigation against Swaplancer the non-litigating party shall hold Swaplancer harmless in accordance with clause 22. 

Swaplancer is not responsible for:

(a) the existence, quality, suitability of legality of a listed asset;
(b) the truth, accuracy or completeness of the information contained in a listing;
(c) the future performance of a listed asset;
(d) the performance or conduct of a buyer or seller or third-party on the Website; and/or
(e) the quality, suitability or ability of a third party which provides goods or services to Swaplancer or to a buyer or seller.

Your decision to purchase a listed asset shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an asset and all information in a listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that listed asset and the price you are willing to pay. You understand that Swaplancer may display only a summary description of a listed asset.

To help facilitate a safe, secure transaction and to preserve the integrity of the Swaplancer Services, you can access legal services and template legal documents via SwaplancerLegal powered by Contracts Counsel. You acknowledge that you use these documents at your own risk. You agree that Swaplancer nor Contracts Counsel has not in any way provided legal or financial advice by providing these documents or made representations or warranties that they are suitable for your requirements or needs and may not be appropriate or suitable to the sale or purchase of a particular asset. Swaplancer recommends all parties seek their own independent legal advice in relation to the documents.

  • Listing Rules

The following assets may be listed for sale on Swaplancer:

(a) all detail and reference to files contained in a website or an application, including but not limited to, the HTML, the code base, other source code, logos, images, music, animation, films and other media, licenses and other works associated with the website or the application;
(b) any rights and obligations under or in relation to an agreement with a third party relating to assets which may include, but is not limited to hosting agreements, payment provider agreements, affiliate agreements and seller agreements;
(c) a brand name relating to a business, including any registered trademarks specified in the listing;
(d) any records;
(e) all rights to a domain name;
(f) any other documented asset including inventory or other agreement critical to the sale and
ongoing concern of a business, including legal agreements, employment agreement, leasing agreements and other agreements; and
(g) any other particulars specified as being sold as part of a listing.

For the avoidance of doubt, Swaplancer does not promote, encourage or facilitate the sale of securities using Swaplancer Services.

When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and keeping your listing information up to date at all times. You will also be asked to set an asking price for your asset/s, either a set price in the case of a fixed-price listing or a starting price, reserve price, and optional buy it now price, in the case of an auction-format listing. Please be aware that Swaplancer may, in its sole discretion, prevent you from listing your asset for sale, or suspend an existing listing, if it considers that a price set is unreasonable or not aligned with market value.

You warrant and represent to Swaplancer and to each buyer that:

(a) you own the asset or are entitled to sell the asset;
(b) you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the asset,
(c) the asset is transferable to a buyer; and
(d) any and all agreements with third parties are transferable to the Buyer.

You must not create a listing for an asset which is:

(a) is obscene, vulgar and/or deemed by Swaplancer to be offensive;
(b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;
(c) is engaged in activities which contravenes law of any territory; or
(d) Swaplancer deems inappropriate or in breach of these Terms.

  • Exclusivity 

If a listed asset has a set asking price, in the case of a fixed-priced listed, or a reserve price, in the case of an auction-format listing, equal to or above USD$25,000, you agree that you will promote and/or sell that asset exclusively using the Swaplancer Services.

For assets and online businesses valued up to $100,000 and for the period in which your asset(s) is for sale with Swaplancer and for 90 days from the date you remove your listing, you warrant that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of Swaplancer.

For assets and online businesses valued up to $15MM and for the period in which your asset(s) is for sale with Swaplancer and for 180 days from the date you remove your listing, you warrant that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of Swaplancer.

If Swaplancer discovers that you have been in violation of this clause 10, you acknowledge and agree that Swaplancer has the right to immediately suspend your listing and terminate your account and may, at its discretion, take action against you to recover a success fee.

  1. Marketplace Circumvention 

You must conduct all inquiries into and discussions about a listed asset, through the Website unless expressly authorized by Swaplancer.You must not circumvent Swaplancer. If you make or accept payment for a listed asset, Swaplancer is entitled to a success fee. If Swaplancer is unable to recover its success fee from the seller, the buyer is liable to pay the success fee.

  1. Our Fees

11.1 Listing Fees

Now, you will not be charged a listing fee when you list an asset for sale. For current fees, please see Swaplancer Pricing. You will only be charged a fee for making  a sale. You may cancel your listing or account at any time by emailing support@swaplancer.com and then following the specific instructions indicated to you in Swaplancer’s response.

11.2 Success Fees

If you successfully sell a listed asset to a buyer who becomes aware of your listing and/or connects or engages with you via Website, you agree to pay Swaplancer a success fee which is calculated as a percentage of the total transaction value or final sale price paid by the buyer for your listed asset (including any applicable taxes). For current fees, please see our ​Success Fee Page. Our success fee is non-negotiable and non-refundable. Swaplancer reserves the right to change the success fee at any time and will provide you with adequate notice of those changes before they become effective.

  1. Credits and Refunds

If Swaplancer issues you a refund, that refund will be paid to you using the same payment method you used to pay Swaplancer. Swaplancer may refund an amount of paid by you if you are entitled to a refund in accordance with these Terms or Swaplancer is required by law or considers that it is required by law to do so. Swaplancer’s determination as to whether a refund is required is final and conclusive and may not be challenged by you.

  1. Payment Processing

Swaplancer is not an escrow service and does not hold property on behalf of any person. Swaplancer is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the Swaplancer Services are provided to you by one or more independent third-party service provider, as appropriate. You hereby consent and authorize Swaplancer to share any information and payment instructions you provide with any third-party service provider(s).

  1. Reviews, comments and communications

You may post reviews, comments, and other content; send communications; and submit questions or other material, as long as the content is not:

(a) of a personal or solicitous nature,
(b) unrelated to a listing,
(c) an attempt to transact outside the Website,
(d) illegal, obscene, abusive, threatening, defamatory or an invasion of privacy,
(e) infringing of intellectual property rights, or
(f) injurious to third parties or objectionable.

You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit any content at any time and for any reason in its sole and absolute discretion.

While comments and reviews are visible to other users, interactions and exchanges via the discussion forum are private as between individuals and accessible to Swaplancer.

  1. Confidential Information

In order to list an asset for sale on Swaplancer, you will be asked to provide certain non-public, proprietary information to Swaplancer relating to the asset/s you wish to list for sale including, but not limited to (a) information expressly marked or disclosed as confidential by you; (b) financial, traffic, user and/or other business information; (c) any and all details relating to your asset or business, including the URL, if relevant; (d) your profit and loss or balance sheet; and (e) any other information related to the listed asset

  1. Intellectual Property Rights 

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Terms and (iii) does not breach any applicable laws.

If you post content or submit material, and unless we indicate otherwise, you grant Swaplancer a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Swaplancer, at our request.

Swaplancer’s name and all related names, logos, product and services names, designs and slogans are trademarks of the Company or its affiliates or licensors and you must not use such marks without our prior written permission.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks or their respective owners.

You agree to indemnify Swaplancer for all claims brought by a third party against Swaplancer arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material.

  1. Third Party Links

The Website may contain links to third-party websites or resources that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest or Google Analytics). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Swaplancer is not a party to those agreements — they are solely between you and the third party.

  • Prohibited Activities 

You may not use the Swaplancer Services:

(a) in any way that causes, or is likely to cause, any Swaplancer Service, or any access to it to be interrupted, damaged or impaired in any way
(b) in any way that may interfere with or harm any other user of the Swaplancer Services;
(c) for fraudulent purposes, or in connection with a criminal or other unlawful activity,
(d) in any manner that is not permitted under these Terms.

  • Disclaimer & Liability 

Unless otherwise specified in writing, Swaplancer disclaims, and does not make, any representation or warranty of any kind in respect of the Swaplancer Services including without limitation any representation or warranty,

(a) that they are free of viruses or other harmful components;
(b) that your use of the Swaplancer Services will be uninterrupted or error-free; or
(c) as to the suitability or availability of the Swaplancer Services.

Swaplancer will not be responsible for:

(a) losses arising from the unavailability of, or your inability to use the Swaplancer Services
(b) losses that are not directly caused by any breach on our part;
(c) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
(d) any indirect or consequential losses;
(e) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

For any other loss relating to the Swaplancer Services, we limit our liability to the amount you have paid to us for the relevant Swaplancer Services.
Nothing in these conditions is intended to:

(a) override any express commitments Swaplancer gives to you with respect to the Swaplancer Services (for example, the provision of a refund in certain circumstances) or
(b) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.



  • Indemnity 

You agree to indemnify and hold Swaplancer and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

(a) your use of the Website, Swaplancer Services or assets obtained as a result;
(b) your breach or violation of any of these Terms;
(c) Swaplancer’s use of your content;
(d) your violation of the rights of any third party, including another seller or buyer.

You agree to hold Swaplancer, its principals, officers, directors, brokers, agents, servants, employees and assigns harmless from any misrepresentations made by you.

  • Force Majeure

You agree that Swaplancer will not be liable or responsible for any failure in, or delay to, the provision of the Swaplancer Services or in Swaplancer complying with these Terms, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:

(a) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
(b) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
(c) a significant demand is placed on Swaplancer Services which is above the usual level of demand and which results in a failure of Swaplancer’s software and hardware to function correctly;
(d) the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to Swaplancer; or
(e) any other circumstances or events that are beyond the reasonable control of Swaplancer (as the case may be).

  • Notices

Swaplancer may give notice by means of a general notice on the Website, electronic mail to the email address on your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Swaplancer, with such notice deemed given when received by Swaplancer, at any time by mail or pre-paid post to our registered agent for service of process, c/o Swaplancer Pty Ltd.

  • Assignment 

Swaplancer may assign its rights and novate or transfer obligations that arise under these Terms. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without the prior written consent of Swaplancer (which may be withheld).

  • Waiver 

A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently.

  • Entire Agreement

These Terms supersedes all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter and sets forth the entire and exclusive agreement and understanding between the parties.

  • Amendments and Access

We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time in our sole discretion by posting the changes on our website. Your continued access to or use of the Website and Swaplancer Services following the posting of revised Terms will constitute acceptance of the revised Terms.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable for any reason all or part of the Website or Swaplancer Services are unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website or the entire Website to users, including registered users.

  • Severability 

If any of these Terms are judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other term to the intent that the invalid or unenforceable term will be treated as severed from the Terms.

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