LOVE HOME SWAP – SERVICE TERMS AND CONDITIONS
1. Our Agreement
1.1 These terms and conditions (Terms) are the terms on which we provide the Love Home Swap service (Service) to you (you, your). Please read these Terms carefully. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
1.2 A contract between us and you for your subscription to the Service is only formed when we send you an email confirmation once you have registered.
1.3 If you are just browsing our Website, please read these Terms carefully. By using the Website you agree to these Terms. If you do not agree to these Terms, you must stop using the Service immediately.
1.4 We may amend these Terms from time to time in order to reflect changes to the Service or for legal, regulatory or security reasons. We will keep you informed and give you notice of any change to these Terms on the Website by stating that these Terms have been amended and when those notified amendments will take effect.
2. About us
2.1 We are The Social Travel Club Limited, a company registered in England and Wales (registration number 07031138) with registered address of Landsell & Rose, 36 Earls Court Road, London, England W8 6EJ (LoveHomeSwap, we, us, our). Our VAT number is 978915646.
2.2 If you have any questions, complaints or comments about the Service or these Terms then please contact us on firstname.lastname@example.org.
3. The Service
3.1 The Service is designed to introduce individuals who wish to exchange (Exchange) and/or rent (Rental) their homes (Homes). It is designed to connect you and other members of the Service (Members) and facilitate these Exchanges and Rentals. Further details of the Service and how it operates are set out at www.lovehomeswap.com (Website). For the purposes of these Terms, if you are providing a Home you are a 'Host' and if you are staying at a Home you are a 'Guest'.
3.2 Just to emphasise, the Service is designed to act as an intermediary marketplace only to facilitate Exchanges and Rentals. We do not own, manage, provide, operate, otherwise deal with, make promises or statements in respect of, or take responsibility for any type of property(ies), including Homes, except as set out in these Terms.
3.3 We make no statement (express or implied) that your use of the Service will produce and/or generate any particular outcome (whether in relation to successful Exchanges, Rentals or otherwise).
3.4 We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.
4. Your use of the Service
4.1 You may register for the Service via the Website and/or by using certain third party social network (Social Network) accounts, for example Facebook. If you choose to register for the Service using a Social Network and/or link your Social Network account to the Service, you agree that:
(a) you are allowed to disclose your Social Network account details to us;
(b) your use of the Social Network in connection with the Service is subject to the terms and conditions you have agreed with that Social Network (and we have no part in that);
(c) we may use content from that Social Network to the extent you allow us, and that all such content will be deemed Content (defined below) for the purposes of these Terms; and
(d) that the ability to integrate a Social Network account with our Service is dependent on the availability and functionality of that Social Network, and we are not responsible for any failure of the same and how this may impact on your use of the Service.
4.2 As part of the Service you will also be asked to set-up a password and username. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else. You agree to notify us immediately by email to email@example.com if you become aware of or suspect any unauthorised use of your password or username.
Your promises to us
4.3 You promise that:
(a) you are at least 18 years old;
(b) all information and details provided by you to us (including on registration and in connection with any Listing) are true, accurate and up to date in all respects and at all times; and
(c) you are able to validly enter into any Exchange and/or Rental agreement that you agree to, and in doing so will not breach any other agreement you may have with anyone else;
(d) you will at all times comply with the restrictions on your use of the Service as set out in these Terms; and
(e) you will at all times comply with all applicable laws, including obtaining all necessary licences, consents and permissions relating to your use of the Service.
4.4 You agree that in using the Service you will not:
(a) use the Service for any unlawful purpose;
(b) use the Service for any commercial purpose (for example, if you are a professional landlord);
(c) recruit or otherwise encourage any Member to join another service similar to the Service;
(d) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient;
(e) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information (or fail to provide information which has the same effect);
(f) sell, pass-on or refer any inquiries from Members to any other person (whether registered with the Service or otherwise);
(g) transfer files that contain viruses, trojans or other harmful programs;
(h) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service;
(i) access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Service security measures;
(j) email, publish or otherwise disseminate any Content or Communication (defined below) which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate; or
(k) advertise or promote third party or your own products or services (other than your Home).
4.5 You agree to compensate us fully for any costs or loss whatsoever that we suffer as a result of your breach of clause 4.4(c) – we do not tolerate the Service being used by similar services to try to recruit Members to their service.
5.1 As part of the Service, you may provide and list information on the Service about the Home which you would like to Exchange and/or Rent (Listings) with other Members.
5.2 When creating a Listing, you agree to accurately describe your Home, Exchange and/or Rental opportunity. This includes an accurate description of the number and size of rooms. Any photos included in a Listing must be of the relevant Home. We also consider omissions of relevant information regarding a Home as being inaccurate.
5.3 Whilst we hope, and use reasonable endeavours to ensure, that all other Members' Listings are accurate and representative, we cannot guarantee this. We accept no liability for inaccurate Listings.
6. Exchanges, Rentals and other dealings with Members
6.1 If you agree to enter into an Exchange and/or Rental with another Member, the terms of the arrangement and/or agreement regarding that Exchange and/or Rental are solely between you and that Member. We are not a party to any Exchanges and/or Rentals. You acknowledge and agree therefore that we have no part or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any Members, including the terms of any Exchange and/or Rental you may agree.
6.2 The terms of cancellation for any Rental will be detailed in the relevant Listing. You agree to abide by all such cancellation terms.
6.3 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any other person in respect of any arrangement, agreements, relationship or other dealings you may have with other Members. You agree that you will not involve us in any dispute between you and any other Member (except to the extent we agree to get involved in these Terms).
7.1 If you are engaging in an Exchange and/or Rental you agree to:
(a) ensure your Home is in a clean and tidy condition for your Guest;
(b) at all times during an Exchange and/or Rental hold appropriate insurance cover in respect of your Home (and its contents), including cover for when Guests are staying at the Property. We have no insurance obligations whatsoever either to you or relating to any Property, Exchange and/or Rental;
(c) at all times treat your Guest with the utmost consideration, courtesy and respect;
(d) to treat your Host's Home with the utmost care, and leave it in at least the same condition that it was in when you arrived;
(e) promptly notify your Host of any damage whatsoever that you have cause to their Home and promptly replace, repair or pay for the same;
(f) adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with a Guest and/or Host regarding any Exchange and/or Rental.
8.1 The Service allows you to communicate with and send messages to other Members (Communications).
8.2 Communications are allowed solely for the purpose of arranging Exchanges and/or Rentals with other Members. You agree not to send Communications that are:
(b) advertising or other commercial promotions;
(d) charity requests or petitions; and/or
(e) otherwise inappropriate.
8.3 You also agree to abide by the restrictions set out in clause 4.4 when sending Communications.
9. Rights Granted and Reserved
9.1 Your use of the Service and its contents grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of third parties.
9.2 By submitting information, text, photos, graphics or any other content whatsoever to us in connection with the Service (for example, as part of a Listing or Communication) (Content), you grant us the right to reasonably use such Content at our own discretion in any media including, without limitation, the right to store, edit, copy, reproduce, disclose, and make such materials publicly available on the Service. You agree that we can edit or take down from the Service any Content you submit to us without notice if we believe it is in breach of these Terms (and will use reasonable efforts to promptly inform you of this). You also acknowledge that certain types of Content formats (for example video files) may not be uploaded to the Service however. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.
9.3 You promise us that any Content you submit to us via the Service will not infringe the intellectual property or any rights of any third parties. In relation to any Content you submit which includes any personal information relating to other people, for example where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.
9.4 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any other person as a result of your breach of this clause 9 (including if you are unable to validly grant us the rights you agree to grant).
9.5 You acknowledge and agree that, although we alert Members that they may not misuse your Content (for example, by using it for commercial purposes), we cannot guarantee this and accept no liability to you if it is misused by third parties.
10. Fees and payment
10.1 You confirm that any credit or debit card that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not be responsible for any non-provision of any aspect of the Service. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.
10.2 If you are a Host, you agree that we may act on your behalf (as your agent) for the limited purpose only of accepting, receiving and otherwise dealing with any fees that are due to/repayable by you. This agency arrangement shall terminate immediately without notice when these Terms terminate and all due outstanding payments have been made/received.
10.3 As part of the Service, we provide a feature through which you may view fees for various Listings in foreign currencies. You acknowledge that these views of fees are for informational purposes only and are not the official fees for Listings. If you request a Rental, you will be notified of the currency in which you will be charged together with the corresponding amount of fees. The currency in which you will be charged will be determined by us based on the payment method you select and the location of the Home in the Listing. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, we will be responsible for the required currency conversion processing, including any costs of this, which will be calculated based on the most current applicable foreign exchange rate that we have uploaded to the Website as of the date and time that your Rental is confirmed (Applicable Exchange Rate). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs but we may retain any profits (and will bear any losses) that result from this.
10.4 All fees stated are exclusive of any taxes that may also be payable, and we will let you know of these at the time of payment.
10.5 The membership fees for the Services are set out on the Website. No membership fees are payable during the Introductory Period.
10.6 No fees are payable for Exchanges.
10.7 The following fees are due/payable for Rentals.
10.8 If you are a Guest:
(i) you agree to pay to the Host the fees payable for renting the Property as are set out in the relevant Listing (Accommodation Fees). As per clause 10.2, we take payment of the Accommodation Fees on behalf of the Host and are responsible for passing them on to the Host once we receive them. The Host, and not us, determines the Accommodation Fees however (which may include cleaning fees);
(ii) you agree to pay us a fee in addition to the Accommodation Fees that is equal to such percentage of those Accommodation Fees as is set out in the relevant Listing (Service Fees);
(iii) we will charge you the Accommodation Fees and Service Fees at the time you agree to a Rental;
(iv) if you cancel a Rental, the Service Fees are always non-refundable, and the return of any Accommodation Fees is subject to the relevant cancellation policy you agreed to for that Rental. Please read all cancellation policies carefully; and
(v) if during any Rental a Home becomes unsuitable and/or unavailable for you to continue staying at due to unforeseen events outside of the Host's and/or our reasonable control, we will use our reasonable efforts to find you an alternative Home for you to say at during your remaining Rental period. If you agree to an alternative Rental we will use the Accommodation Fees you have already paid us to pay for that Rental, but we will not refund the Accommodation Fees or any Service Fees to you (even if for example you do not want any alternative Rental accommodation we may offer for example).
10.9 If you are a Host:
(i) you agree to us a fee equal to such percentage of those Accommodation Fees as is set out in the relevant Listing (Host Fees). We will deduct the Host Fees from the Accommodation Fees due to you;
(ii) subject to any Guest cancellations (and associated policies), we will pass on all Accommodation Fees due to you within 7 working days of the completion of each Rental;
(iii) if you cancel a Rental, the Host Fees remain due and payable to us, and you agree to pay us those Host Fees; and
(iv) if during any Rental your Home becomes unsuitable and/or unavailable for your Guest to continue staying at due to unforeseen events outside of your and/or our reasonable control, we will only pay to you such proportion of the Accommodation Fees that relate to the period that the Home was suitable and/or available to your Guest. All of the Host Fees will remain payable to us however.
11. Membership term and cancellation
11.1 These Terms between us and you for any membership will begin on the date we send you an email confirming your subscription to the Service and will continue for an initial 'Introductory Period' of 14 days. Following the Introductory Period, unless you tell us you wish to terminate these Terms will continue for a further 'Subscription Period' of 12 months, or until we or you terminate under these Terms.
11.2 You agree that once you have accepted these Terms and your access to the Service as a Member has begun, you will lose the right to change your mind and cancel the Service under distance selling legislation. You will still have the right to terminate these Terms in the circumstances described in this clause 11 however.
11.3 You may cancel these Terms immediately at any time during the Introductory Period by simply emailing us at firstname.lastname@example.org. If we do not hear from you within the Introductory Period we will debit your credit/debit card at the start of the Subscription Period for the relevant membership fees notified to you and the Terms will renew for that Subscription Period.
11.4 We may also immediately suspend your access to the Service and/or terminate these Terms (in whole or in part) without notice and without refunding any fees if:
(a) you breach any of your obligations or restrictions under these Terms; or
(b) if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time, or if you make an arrangement with your creditors or if your assets are the subject of any form of seizure.
12. Limits on our liability
12.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
12.2 We are not liable to you for:
(a) any losses not caused by our breach;
(b) any loss of profits, loss of revenues, loss of opportunity, loss of goodwill or damage to reputation;
(c) any damage to your Home;
(d) any indirect or consequential losses; or
(e) any failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach or events beyond our reasonable control.
12.3 Our total liability to you for any loss or damage howsoever arising out of or in connection with these Terms shall be limited to the fees you pay us in respect of the Service.
12.4 We provide the Service on an 'as-is' basis and do not guarantee that the Service will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Service without notice at any time if we feel this is necessary (for example for maintenance or upgrades), but will use best endeavours to notify you of the same in advance. Save as set out in these Terms, we specifically disclaim all warranties and/or conditions, express or implied, in relation to the Service including, but not limited to, any implied term, condition, representation or warranty of satisfactory quality or fitness for a particular purpose.
12.5 We provide all content on the Service (including Listings) in good faith but give no warranty of representation that the content is accurate, complete or up-to-date, nor that the Service does not infringe the rights of any third party. We accept no responsibility or liability for your use of, or reliance on, content provided by us on the Service and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Service, we accept no liability for them.
12.6 Information transmitted via the Service will pass over public telecommunications networks and we cannot guarantee the security of this.
12.7 Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources nor any use of personal data by such third party, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.1 We may transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
13.2 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, this does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you.
13.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
13.4 No provision of these Terms shall be modified or varied without the written consent of you and us.
13.5 These Terms are not intended to give rights to anyone except you and us.
13.6 We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within the courts of England and Wales. Relevant English law will apply.
Thank you for using the Service.
These Terms were last updated on 25 March 2013.
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