The purpose of the Site is to allow customers to engage in the exchange ("Swap") of unwanted gifts. The Site exists solely as a forum through which You may contact other users with whom You wish to exchange such gifts. Excepting these terms and conditions, any contract made through use of the Site shall be between the relevant registered users of the site and not between Ogilvy and any user.

The following constitutes the full terms and conditions which govern the relationship between the user of this website ("You") and Ogilvy and Mather Group Holdings Limited ("Ogilvy") including Your use of www.swapyourgifts.co.uk (the "Site") and the gift-swapping products or services (the "Services") available through it. By using the Site and/or the Services You agree that you will be bound by and will at all times abide by these terms and conditions.

A. CHANGES TO THE SITE OR TERMS OF USE

Ogilvy at all times reserves the right to modify or remove, in whole or in part, the content or presentation of the Site or the provision of the Services. Such changes may be made with or without notice to You. Ogilvy is under no obligation to keep the Site or Services updated or to provide any form of support.
Access to the Site is on an "as is" basis and Ogilvy gives no further warranties, express, implied or statutory including but without limitation, the implied warranties of satisfactory quality or fitness for a particular purpose of the Site or the availability of the Site and Ogilvy shall be under no liability for any downtime or malfunction of the Site.
Ogilvy reserves the right to modify or amend these terms and conditions at any time. By continuing to use the Site after any such modification or amendment you agree to continue to abide by and be bound by these terms. A current version of these terms is available at [www.swapyourgifts.co.uk] .
The Site shall be available from 7 January 2008 for limited a period to be determined at the discretion of Ogilvy. If Ogilvy wishes to remove the Site it shall give no less than 7 days notice of such a removal by displaying a clear notice to that effect at www.swapyourgifts.co.uk.

B. SWAPPING YOUR GIFTS

Ogilvy shall not charge You any fees for use of the Site or Services.
In order to swap gifts with other users of the Site You must be a registered user (in accordance with clause 3).
By submitting an item to the Site You agree that you possess valid legal title and ownership rights to that item.
Any item submitted to the Site shall not be in any way counterfeit, illegal or likely to cause offence to any other user or person viewing the Site. Users of the site agree to abide by all applicable laws and regulations in their use of the Site or Services.
Any Swap shall not be deemed successful until both You and the party with whom You wish to swap have received clear and unequivocal notification of the other's consent to the Swap.
You shall not use the Site in any way or for any purposes, which may cause offence to or infringe the rights of any third party, including other users of the Site.
You agree to deliver and/or pay for any item requested through the Site within a reasonable time and in the appropriate manner.

B.REGISTRATION

In order to register as a user of the Site You must provide details (Personal Data) of your name, e-mail address and an image of the item which you wish to swap. This information must be submitted through the Site in the prescribed form.
All details posted by You regarding your item should be clear and unambiguous.
All details submitted regarding your item must be accurate and truthful and not in any way likely mislead or deceive other users as to the item's nature or quality.
Ogilvy shall be under no obligation to review, amend, or modify any of the details submitted by You upon registration to the Site.
The Site is intended for one-off exchanges by individual consumers only and not for the promotion or furtherance of any business interest. It is not permitted for any company, partnership or trader to utilise the Site or Services for the purposes of their own trade or business.
Following registration you must at all times keep your account details confidential.
You must notify Ogilvy immediately of any unauthorised use of Your account, or of any breach of security known to You. Ogilvy can require You to change Your registered e-mail address for security reasons. If You wish to change Your registered e-mail address You may contact Ogilvy and do so.
You are responsible for all activities which occur under Your account, save where such activities occur as a result of Ogilvy's negligence.
You shall ensure that the Personal Data held by Ogilvy is accurate and up to date at all times.
You shall not use the Site or any Personal Data of any other user for the purposes of distributing any offensive or damaging content including, but not limited to, chain mail, SPAM, pyramid schemes, or computer viruses.
You agree to use the Personal Data or information of any other user which You may receive solely for the purposes of:
Use of the site or services;
Engaging in a Swap through the Site; or
Other purposes which another user has expressly agreed to.

C. REFUSAL/TERMINATION

Ogilvy reserves the right to refuse Your application for registration or to terminate or suspend any user account at any time. Such refusal, termination or suspension may be made without the requirement to give reasons and with immediate effect.
Reasons for such a refusal, termination or suspension shall include, but are not limited to, breach of any of these terms and conditions.

D. USER DISPUTES

Ogilvy shall not be responsible or liable for resolving disputes between You and any other user of the Site or Services.
Notwithstanding clause 5.1, Ogilvy may monitor any dispute which arises between users of the Site or Services.

E. CHARITABLE CONTRIBUTIONS

For each Swap which is deemed successful in accordance with clause 2.5, Ogilvy shall, in its absolute discretion, donate an amount to one of the following three charities:
(a) Richard House Children's Hospice (Charity no. 1059029);
(b) Toynbee Hall (Charity no. 211850); or
(c) Cancer Research UK (Charity no. 1089464).
The amount donated under clause 6.1 shall be determined solely at the discretion of Ogilvy. In any event the amount donated by Ogilvy to each of the charities listed in clause 6.1 shall not exceed £500.

F. DATA PROTECTION

The use and submission of any Personal Data which You provide to Ogilvy through the Site shall be governed by the Privacy Policy attached to these terms and conditions.

G. INTELLECTUAL PROPERTY

The names, images, pictures, logos and icons identifying Ogilvy, or Ogilvy's goods and/or services are, unless otherwise stated, Ogilvy's intellectual property. Other products, pictures, images, logos, and icons and company names mentioned on the Site may belong to other companies.
All intellectual property rights in the design, content and arrangement of the Site (including its text and graphics, all software compilations or underlying source code, and all other material on our website) are reserved by Ogilvy or Ogilvy's content and/or technology providers.
You may not use any materials contained on the Site for any purpose other than for the purposes of a Swap and taking a copy of these terms and conditions which must be used strictly for Your own record.
By submitting any details on any item through the Site, You shall grant Ogilvy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, trade marks, database rights and any other intellectual property rights which You may possess in those details. Further, You agree to waive any moral rights which You may have in those details to the fullest extent permitted by law.

H. LIMITATION OF LIABILITY

The Site is intended as means for users wishing to engage in a Swap to contact each other. Any transaction, which may result from such contact occurs entirely at the risk of the parties involved. Ogilvy shall not be party to any contract between those parties and accepts no liability for shipping, packaging, insurance or any other costs of any kind, whether directly or indirectly related to the Swap or to use of the Site or Services.
You use the Site and Services at Your own risk. Ogilvy does not guarantee and shall not be held responsible for:
(a) any item which You request being made available to You;
(b) any details displayed on the Site being truthful or accurate;
(c) the condition, quality or safety of any item which You receive through the Site; or
(d) the behaviour or actions of any user of the Site.
Ogilvy shall not be liable to You in contract, tort (including but without limitation, negligence or breach of statutory duty) or for any misrepresentation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any indirect, special or consequential loss, including but without limitation, loss of profit, loss of business, loss of goodwill, overhead recovery or any other costs, damages, expenses or other claims for compensation whatsoever (whether caused by Ogilvy's negligence or Ogilvy's employees, agents or otherwise) which arise out of or in connection with the provision of the Site or Services. Nothing in these terms and conditions shall exclude liability for death or personal injury.

I. GOVERNING LAW AND JURISDICTION

These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and You agree to submit to the exclusive jurisdiction of the English courts.

Privacy Policy

Ogilvy and Mather Group Holdings Limited ("We") are committed to protecting and respecting your privacy.

This policy (together with our terms of use at [www.swapyourgifts.co.uk] and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act ), the data controller is [Ogilvy Advertising Limited] of 10 Cabot Square , Canary Wharf , London , E14 4QB .

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information that you provide by filling in forms on our site [www.swapyourgifts.co.uk] ( our site ). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
Details of transactions you carry out through our site and of the fulfilment of those transactions.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1195 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Ogilvy Advretising or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [www.swapyourgifts.co.uk] and other agreements; or to protect the rights, property, or safety of Ogilvy Advertising Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at 10 Cabot Square , Canary Wharf , London , E14 4QB .

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to 10 Cabot Square, Canary Wharf, London, E14 4QB.