Terms & Conditions

Trust Toucan – 23/09/25

Welcome to Swapauto Ltd, operating as Trust Toucan ("we," "us," or "our"), a platform that provides a Secure Conditional Payout service to facilitate secure transactions for the private sale or purchase of vehicles and items in the United Kingdom using a delayed payment strategy.

By using our services, including our website and any related applications (collectively, the "Platform"), you agree to these Terms and Conditions ("Terms"). Please read them carefully.

1. Definitions

Buyer – The individual or entity purchasing a vehicle or item through the Platform. 

Seller – The individual or entity selling a vehicle or item through the Platform. 

User – Any individual or entity using the Platform, including Buyers and Sellers. 

Transaction – The sale or purchase of a vehicle or item facilitated through the Platform. 

Transaction Fee – A percentage-based fee charged by us for facilitating the Transaction, payable by the Buyer, Seller, or both. 

Delayed Payment Account – A secure account managed by our payment partner, Stripe, where funds are held and released once both parties complete agreed tasks. 

Purchase Agreement – A legal document provided through the Platform to formalise the Transaction. 

Invalidated Payment – A chargeback, refund, overpayment, payment error, or other invalid payment.

2. Eligibility

2.1 To use the Platform, you must:

Be over 18 and resident in the United Kingdom, or have a valid UK address for the Transaction.
Provide accurate and complete information during registration and ID verification.

2.2 We reserve the right to refuse service to anyone who does not meet these criteria or who breaches these Terms.

3. Services Provided

3.1 We provide a Secure Conditional Payout service using a delayed payment strategy to facilitate Transactions between Buyers and Sellers. This includes:

Payment processing via Stripe.
Funds held securely in a Delayed Payment Account until task completion.
Identity verification to confirm User identities.
Provision of Purchase Agreements to formalise Transactions.

3.2 We act as an intermediary only. We do not buy, sell, inspect, or guarantee any items or vehicles.

3.3 We are not a party to the underlying sales contract between Buyer and Seller, except for managing the delayed payment process.

3.4 No interest accrues on funds held in the Delayed Payment Account.

3.5 We always recommend that Buyers view any item or vehicle in person before committing to a purchase. Where transactions occur remotely, Users should keep proof of postage, delivery, or collection.

3.6 We do not handle, track, or verify delivery of any goods. The Buyer and Seller are solely responsible for arranging, confirming, and evidencing the transfer of ownership or possession.

4. Stripe & Third-Party Services

4.1 Payment services are provided by Stripe Payments UK Ltd and are subject to the Stripe Services Agreement and Stripe Connected Account Agreement (see: https://stripe.com/gb/legal).

4.2 By using our Platform, you agree to be bound by Stripe’s terms.

4.3 You authorise us to share necessary information with Stripe to enable payment processing, identity checks, and regulatory compliance.

4.4 We are not responsible for Stripe’s acts or omissions. Stripe remains solely liable for its services.

4.5 Identity Verification (Stripe Identity)
Identity verification is conducted through Stripe Identity. Stripe acts as an independent data controller for all biometric and document verification data. We receive only verification results (for example, confirmation of name and verification outcome). We do not store or have access to users’ raw biometric data or ID images. Stripe retains such data securely for up to six (6) months for compliance and fraud prevention purposes.

4.6 Disclosure of Verification Data
Verification data may be disclosed by Stripe, or by us via Stripe, only in response to lawful requests from law enforcement, regulatory bodies, or court orders. We do not share or release ID documents or biometric information to other users or third parties under any circumstance.

5. Transaction Proces

Initiation – Seller lists item/vehicle; Buyer accepts; both complete ID checks.
Payment – Buyer pays the agreed price plus any fees into the Delayed Payment Account.
Task Completion – Seller delivers; Buyer confirms receipt.
Release – Once both parties have signed the Purchase Agreement, funds (minus fees) are released to the Seller. We do not track or verify delivery of goods.
Suspension – We may suspend or cancel Transactions where fraud, AML, or regulatory concerns arise.

6. Fees

6.1 We charge a Transaction Fee, shown during the Transaction process.

6.2 Fees may be paid by Buyer, Seller, or split, as agreed in the Platform.

6.3 All fees are non-refundable, even if a Transaction is cancelled or disputed.

6.4 Sellers are responsible for all Invalidated Payments (e.g., chargebacks) and any

associated Stripe penalties. We may deduct amounts from future payouts or invoice the Seller.

6.5 Users are responsible for checking their own bank transfer limits. Trust Toucan does not monitor these limits. Transaction Fees apply once funds reach our Stripe account, even if the Transaction cannot be completed due to bank restrictions.

7. Cancellations and Disputes

7.1 If a Transaction is cancelled after funds have been transferred, the Transaction Fee is not refunded.

7.2 Any refunds of purchase price are solely between Buyer and Seller.

7.3 We do not mediate or resolve disputes. Users must resolve issues privately.

7.4 For peer-to-peer sales, UK consumer protection law does not apply. Where the Seller is a professional trader, they remain responsible for compliance with the Consumer Rights Act 2015, Consumer Contracts Regulations 2013, and other applicable laws.

7.5 Cancelling a Transaction after receiving the item without returning it constitutes a breach of agreement between Buyer and Seller. Buyers and Sellers are expected to act in good faith and maintain proof of delivery or collection.

8. User Responsibilities

Buyers – Verify condition of the item/vehicle before confirming receipt.
Sellers – Accurately describe items, prove ownership, and deliver as agreed.
All Users – Keep account secure, comply with UK law, and cooperate with ID checks.

Users are also responsible for:

Managing their own bank transfer limits.
Retaining records or evidence of item handover.
Acting honestly during the review or inspection period.
Trust Toucan is not liable for losses or misuse arising from failure to follow these responsibilities

9. Liability

9.1 To the maximum extent permitted by law, we are not liable for:

Loss of profits, goodwill, reputation, business opportunities, or consequential damages.
Disputes between Buyers and Sellers.
Errors, downtime, or losses caused by Stripe or third-party providers.
Delays or losses arising from AML/ID verification.
Any loss of goods, delivery issues, or fraudulent activity committed by a User.

9.2 Our total liability in any claim is capped at the Transaction Fee paid to us.

9.3 Nothing excludes liability for death, personal injury caused by negligence, or fraud.

10. Data Protection

Handled under UK GDPR and our Privacy Policy. You consent to data sharing with Stripe for compliance and payment processing.

11. Records and Logs

We provide transaction records and Purchase Agreements for reference. These are provided “as is” and we do not guarantee they are sufficient for court proceedings. Users should keep their own records.

12. Termination & Suspension

We may suspend or terminate accounts where:

Fraud, money laundering, or unlawful use is suspected.
ID verification is not completed.
Users breach these Terms.

Funds may be frozen pending verification or regulatory investigation.

13. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control (including regulatory orders, system outages, or third-party failures).

14. Governing Law

These Terms are governed by the laws of England and Wales. Courts of England and Wales have exclusive jurisdiction, except where otherwise required by mandatory consumer law.

15. Amendments

We may update these Terms at any time. Continued use after publication means acceptance of changes.

16. Contact

Email: hello@trusttoucan.com . Address: Unit A, 82 James Carter Road, Mildenhall, United Kingdom, IP28 7DE