LOVE HOME SWAP - SERVICE TERMS AND CONDITIONS
1. Our Agreement
1.1 These terms and conditions (Terms), together with our
policy, tell you the terms on which you may use the Love Home
Swap website located at www.lovehomeswap.com (Website) and the Love
Home Swap service made available by us (Service).
1.2 By using the Website and/or the Service, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Website or the Service.
1.3 Please read these Terms carefully before you start to use the Website and/or the Service. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
1.4 We may amend these Terms from time to time in order to update them, to reflect changes to the Service or for legal, regulatory or security reasons. We will keep you informed and give you notice of any amendment to these Terms by posting the amended Terms on the Website and stating in the amended Terms when they took 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 office at Lansdell & Rose, 36 Earls Court Road, London, W8 6EJ, England (Love Home Swap, we, us, our). Our trading address is 81 Rivington Street, London, EC2A 3AY, England and our VAT number is GB978915646.
2.2 If you have any questions, complaints or comments about the Service or these Terms, then please contact us by emailing us at firstname.lastname@example.org or by writing to us at 81 Rivington Street, London, EC2A 3AY, England.
3. The Service
3.1 The Service is designed: (i) to introduce individuals who wish to exchange (Exchange) and/or rent (Rent or Rental) their homes or holiday/second homes (Homes) for vacations; (ii) to allow individuals to participate in a scheme (Swap Points Scheme) whereby individuals may pledge their Home in return for points (Swap Points) which can then be used to book a stay in the Home of another individual participating in the Swap Points Scheme upon redemption of an appropriate number of Swap Points (Swap Points Redemption); and (iii) to connect you and other members of the Service (Members) and to facilitate such Exchanges, Rentals and participation in the Swap Points Scheme. 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 Further information about the Service, how it operates and the rules relating to it are set out on the Website at www.lovehomeswap.com/faqs. Such information is incorporated into, and forms part of, these Terms and our agreement with you; however, in the event of any conflict between such information and these Terms, these Terms will prevail.
3.3 Just to emphasise, the Service is designed to act as an intermediary marketplace only to facilitate Exchanges, Rentals and participation in the Swap Points Scheme for the purpose of taking vacations. 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, including Homes, except as set out in these Terms.
3.4 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 or Rentals, your participation in the Swap Points Scheme or otherwise).
3.5 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 sign up to use the Service by telephone, via the Website and/or by using certain third party social network (Social Network) accounts, for example Facebook. If you choose to sign up using a Social Network account 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 that 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 all such content will be deemed Content (as defined in clause 9.2) for the purpose of these Terms; and
(d) the ability to integrate a Social Network account with the Service is dependent on the availability and functionality of that Social Network, and we are not responsible for any failure of the same or for how this may impact on your use of the Service.
4.2 When you sign up to use the Service (other than via a Social Network account), you will be asked to choose a password which, together with your email address (which will be your username), you will use to log in to the Service. 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 (whether or not such use is fraudulent). 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 when you sign up to use the Service and in connection with any Listing (as defined in clause 5.1)) are true, accurate and up to date in all respects and at all times;
(c) you are able to validly enter into any Exchange and/or Rental agreement that you agree to, or any agreement that you agree to under the Swap Points Scheme, and, in doing so, you 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 and any other obligations, in each case as set out in these Terms;
(e) you will at all times comply with, and will only use the Service in a manner consistent with, all applicable local, national and international laws and regulations;
(f) you will not use the Service if such use is not legal in your jurisdiction; and
(g) you will be responsible for obtaining all necessary licences, consents and permissions relating to your use of the Service (including, where relevant, the consent of your landlord, mortgage provider or insurance provider).
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 or business 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 (as defined in clause 9.2) or Communication (as defined in clause 8.1) 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 which is otherwise inappropriate; or
(k) advertise or promote your own or third party 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 these Terms, including, without limitation, 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, offer for Rental and/or pledge under the Swap Points Scheme (Listings).
5.2 When creating a Listing, you agree to accurately describe your Home, as well as the Exchange, Rental and/or Swap Points Scheme 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 and you do not have the right to add photos from any copyrighted service such as Getty Images unless you have their permission - if you do so, we take no responsibility for any such practice. We also consider omissions of relevant information regarding a Home as being inaccurate.
5.3 Whilst we hope, and use our reasonable endeavours to ensure, that all Listings are accurate and representative, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.
6. Exchanges, Rentals, Swap Points Redemptions and other
dealings with Members
6.1 If you agree to enter into an Exchange or Rental with another Member or participate in a Swap Points Redemption (whether as the Member who is redeeming Swap Points or the Member who has pledged their Home), the terms of the arrangement and/or agreement regarding that Exchange, Rental or Swap Points Redemption are solely between you and the other Member. We are not a party to any Exchanges, Rentals or Swap Points Redemptions. You acknowledge and agree, therefore, that, save as set out in these Terms (including, in particular, clause 7), we have no part in or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any other Members, including the terms of any Exchange, Rental or Swap Points Redemption you may agree. You also acknowledge that personal information such as email addresses and phone numbers can only be exchanged between Members once Exchanges, Rentals or Swap Points trips have been fully agreed on-site.
6.2 The terms of cancellation for any Rental will be detailed in the relevant Listing. Additional terms are set out in clauses 10.7 and 10.8. 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 person in respect of any arrangement, agreement, 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 that we agree in writing to get involved in any such dispute).
7.1 If you are a Host, you agree:
(a) to ensure that your Home is in a clean and tidy condition for your Guest;
(b) to hold appropriate insurance cover in respect of your Home (and its contents) for when Guests are staying there. We have no insurance obligations whatsoever either to you or your Guest or relating to your Home;
(c) at all times to treat your Guest with the utmost consideration, courtesy and respect; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Guest regarding any Exchange, Rental or Swap Points Redemption.
7.2 If you are a Guest, you agree to:
(a) 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;
(b) to promptly notify your Host of any damage whatsoever that you cause to their Home (or its contents) and to promptly replace, repair or pay for the same; and
(c) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any Exchange, Rental or Swap Points Redemption.
8.1 The Service allows Members to communicate with and send messages to other Members (as well as users of the Website who have listed their Homes, but are not registered as Members) (Communications).
8.2 Communications are allowed solely for the purpose of arranging Exchanges, Rentals and Swap Points Redemptions 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 (whether as a Member or otherwise) grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of any 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, on a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide basis, to use such Content at our own discretion in any media, including, without limitation, the right to store, edit, copy, reproduce, distribute, disclose and make such Content publicly available on the Service. You further waive any moral rights you may have in relation to such Content.
9.3 You agree that we can edit or take down from the Service without notice any Content you submit to us via the Website if we believe that it is in breach of these Terms (and will use our reasonable endeavours 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. 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.
9.4 You promise us that any Content you submit to us via the Service will not infringe the IPR or any other 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.
9.5 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any 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).
9.6 You acknowledge and agree that, although we alert other Members that they may not misuse your Content (for example, by using it for commercial or business purposes), we cannot guarantee this and accept no liability to you if it is so misused by other Members or any other third parties.
10. Fees and payment (including Swap
10.1 If you are a Member, you confirm that you own the credit or debit card you provided us with details of when you became a Member (or any subsequent or replacement credit or debit card you ask us to use for payment of your membership fee and any other amounts payable by you in connection with the Service). 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, or repayable by, you under these Terms. This agency arrangement shall terminate immediately without notice when you cancel your membership (or otherwise cease to be a Member) and all due and 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 information 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 accepted and confirmed by the Host (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 The various levels of membership for the Service and the corresponding membership fees are set out on the Website and are subject to change by us from time to time. No membership fee is payable during the Introductory Period (as defined in clause 11.1).
10.5 All membership fees are stated inclusive of VAT.
10.6 No fees are payable for Exchanges.
10.7 For the avoidance of doubt - the currency symbol '$' is used in reference to US dollars (USD), unless otherwise specified.
10.7 If you are a Guest:
(a) you agree to pay the Host the fee payable for renting their Home as set out in the relevant Listing (Accommodation Fee). As per clause 10.2, we take payment of the Accommodation Fee on behalf of the Host and are responsible for making the transfer of the Fee to the Host 48 hours following the start of the Rental (less any deduction we are entitled to make under clause 10.8(a)). The Host, and not us, determines the level of the Accommodation Fee (which may include a cleaning fee). Payment transfers may then take up to seven days to clear, depending on the timings of the Host's bank;
(b) you agree to pay us a fee, in addition to the Accommodation Fee, equal to such percentage of the Accommodation Fee as is set out in the relevant Listing (Service Fee);
(c) we will charge you the Accommodation Fee and the Service Fee at the time you agree to a Rental;
(d) if you cancel a Rental which has already been accepted and confirmed by the Host, the Service Fee is always non-refundable. The return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy you agreed to for that Rental and we reserve the right to deduct from any Accommodation Fee returned to you any Host Fee (as defined in clause 10.8(a)) that was due to us in respect of the cancelled Rental. Please read all cancellation policies carefully;
(e) if the Host cancels a Rental which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at. If we find you an alternative Rental and you agree to it, we will use the Accommodation Fee you have already paid us to pay for that Rental. If we are unable to find you an alternative Rental or you do not agree to any alternative Rental found by us, we will refund to you the Accommodation Fee and the Service Fee previously paid by you;
(f) if, during a Rental, the Home becomes unsuitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at during your remaining Rental period. If we find you an alternative Rental, we will use the Accommodation Fee you have already paid us to pay for that Rental, provided that we have not already paid such Accommodation Fee to the Host in accordance with clause 10.8(b). If we have already paid the Accommodation Fee to the Host, it will be your responsibility to pay for the alternative Rental, although we will use our reasonable endeavours to attempt to recover from the Host on your behalf some or all of the Accommodation Fee already paid by you; and
(g) notwithstanding clauses 10.7(d), 10.7(e) and 10.7(f), we would recommend that you have appropriate travel insurance in place to cover you in the event that a Rental is cancelled (whether by you or the Host) or the Home you have booked becomes unsuitable and/or unavailable.
10.8 If you are a Host:
(a) we may require you to pay us a fee equal to such percentage of the Accommodation Fee as we may specify from time to time (Host Fee). We will deduct the Host Fee (if applicable) from the Accommodation Fee due to you;
(b) subject to clauses 10.8(c), 10.8(d) and 10.8(e), we will pay the Accommodation Fee due to you (less the Host Fee, if applicable) 48 hours following the start of each Rental. Payment transfers may then take up to seven days to clear, depending on the timings of the Host's bank;
(c) if the Guest cancels a Rental which has already been accepted and confirmed by you, the return to the Guest of any of the Accommodation Fee already paid by the Guest for that Rental will be subject to your cancellation policy. We will pay to you such part of the Accommodation Fee for that Rental as you are entitled to retain in accordance with your cancellation policy;
(d) if you cancel a Rental which has already been accepted and confirmed by you, you will no longer be entitled to the Accommodation Fee paid by the Guest in respect of that Rental, but the Host Fee (if applicable) will remain due and payable to us and you agree to pay us the Host Fee on demand. This amount will be recouped on your next booking agreed through the club. If the cancellation was not due to events or circumstances beyond your reasonable control, we may immediately suspend or cancel your membership and access to the Service in accordance with clause 11.6(b);
(e) if, during a Rental, your Home becomes unsuitable and/or unavailable for your Guest to continue staying at due to events or circumstances beyond your Guest's reasonable control, we will only pay to you such proportion of the Accommodation Fee (less all of the Host Fee, if applicable) as relates to the period that the Home was suitable and available for your Guest. If we have already paid the Accommodation Fee to you, you will repay to us on demand such proportion of the Accommodation Fee as relates to the period that the Home was unsuitable and/or unavailable for your Guest; and
(f) you will promptly in accordance with applicable deadlines account to Her Majesty's Revenue & Customs (or equivalent public authority in any jurisdiction to which you are subject) for all tax due from you in respect of the income earned by you pursuant to a Rental, including any applicable income tax.
Swap Points Scheme
10.9 The Swap Points Scheme is currently only available to subscription paying Members. You must be a subscription paying Member not only at the time you pledge your Home in return for, or purchase, Swap Points or book a Swap Points Redemption, but also at the time of any relevant stay in a Home under the Swap Points Scheme (whether in your capacity as a Guest or a Host). No fees are payable for Swap Points Redemptions (other than the relevant membership fee or any amount relating to the purchase of Swap Points as contemplated by clause 10.12).
10.10 If you are a Guest and have booked a Swap Points Redemption:
(a) we will debit from your Swap Points account, once the booking is confirmed by the Host, the number of Swap Points redeemed by you in connection with the Swap Points Redemption;
(b) if you cancel a Swap Points Redemption which has already been accepted and confirmed by the Host, the number of Swap Points returned to you will be determined in accordance with the Swap Points cancellation policy set out on the Website at www.lovehomeswap.com/faqs;
(c) if the Host cancels a Swap Points Redemption which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at. If we are unable to find you an alternative Swap Points Redemption or you do not agree to any alternative Swap Points Redemption found by us, we will credit your Swap Points account with the appropriate number of Swap Points;
(d) if, during your stay, the Home becomes unsuitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at during the remaining period of your stay. If we are unable to do so, we will credit your Swap Points account with the appropriate number of Swap Points; and
(e) notwithstanding clauses 10.10(b), 10.10(c) and 10.10(d), we would recommend that you have appropriate travel insurance in place to cover you in the event that a Swaps Point Redemption is cancelled (whether by you or the Host) or the Home you have booked becomes unsuitable and/or unavailable.
10.11 If you are a Host and have pledged your Home in return for Swap Points:
(a) we will credit your Swap Points account with the appropriate number of Swap Points (as set out on the Website). You may amend or cancel the pledge at any time, provided that you have not redeemed the Swap Points awarded to you in respect of the pledge or accepted and confirmed a Swap Points Redemption in respect of the pledged time, and we will credit or debit your Swap Points account accordingly;
(b) if you cancel a Swap Points Redemption which has already been accepted and confirmed by you due to events or circumstances beyond your reasonable control, you will lose the Swap Points awarded to you in respect of the cancelled Swap Points Redemption and we will debit your Swap Points account accordingly. If you have already redeemed the Swap Points awarded to you in respect of the cancelled Swap Points Redemption, you may be required to re-pledge your Home in return for an equivalent number of Swap Points; and
(c) if you cancel a Swap Points Redemption which has already been accepted and confirmed by you other than due to events or circumstances beyond your reasonable control, we may immediately suspend or cancel your membership and access to the Service in accordance with clause 11.6(b).
10.12 Subscription paying Members may purchase Swap Points
instead of, or as well as, pledging their Home in return for Swap
Points. If you purchase Swap Points:
(a) you may under normal circumstances only purchase points up to 50% of the value required to book the trip as a means to top up your balance;
(b) any such Swap Points will be available for redemption as
soon as they appear as credited in your Swap Points account;
(c) you may cancel the purchase of Swap Points by notifying us in writing or by emailing us at firstname.lastname@example.org, provided that we receive such notice or email by no later than the end of the seventh working day following the date the transaction took place and provided that such Swap Points have not been redeemed. If you cancel your purchase of Swap Points during such period, we will refund to you the amount paid in respect of such Swap Points if such amount has already been charged to your credit or debit card; and
(d) for the avoidance of doubt, if we are required to credit your Swap Points account in any of the circumstances set out in clause 10.10, you will not be entitled to any refund of the amount originally paid to purchase the relevant Swap Points.
11. Membership term and cancellation
11.1 If you choose to become a Member, your membership will begin on the date we send you an email confirming your membership and will continue for an initial free trial period of 14 days or as otherwise specified (Introductory Period), during which period you may change your mind and cancel your membership at any time by notifying us in writing or by emailing us at email@example.com, provided that we receive such notice or email by no later than the end of the Introductory Period. There will be taken a charge of 1 pence / cent to enable the Introductory Period.
11.2 Following the Introductory Period, if you have not told us that you wish to change your mind and cancel your membership, your membership will continue for a further period of 12 months or as otherwise specified (Subscription Period) (unless cancelled earlier in accordance with these Terms) and we will debit your credit or debit card for the relevant membership fee notified to you.
11.3 Your membership will automatically renew for a further period of 12 months or as otherwise specified (Renewal Period) at the then-current standard membership renewal fee at the end of the Subscription Period or any subsequent Renewal Period (as applicable) unless you notify us in writing or by email sent to firstname.lastname@example.org at any time during the 30 days prior to the end of the Subscription Period or relevant Renewal Period (as applicable) that you do not wish your membership to renew. Such notice or email must be received by us by no later than the end of the Subscription Period or relevant Renewal Period (as applicable). We reserve the right to increase membership pricing at any time, and will notify you of this by email to the address you have provided in advance of any changes.
11.4 If your membership automatically renews as set out in clause 11.3, you will still be able to change your mind and cancel your membership by notifying us in writing or by emailing us at email@example.com, provided that we receive such notice or email by no later than the end of the seventh working day following the date of such renewal. If you cancel your membership during such period, we will refund to you the membership fee (less the cancellation fee mentioned below) in respect of such renewal if such fee has already been charged to your credit or debit card. There will be a cancellation fee charged in such cases of 10% of the value of the transaction, which covers transaction and administration costs of the cancellation.
11.5 You can check the date of the next membership fee payment due from you and/or your renewal date at any time by going to the 'My Profile' section of the Website. We may also send this information to you by email from time to time.
11.6 We may immediately suspend or cancel your membership and access to the Service without notice and without refunding any fees if:
(a) you breach any of your obligations or restrictions under these Terms;
(b) you cancel an already agreed and confirmed Exchange (whether as a Guest or a Host) or Rental or Swap Points Redemption (as a Host) other than due to events or circumstances beyond your reasonable control; or
(c) 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 do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was contemplated by you and us at the time of the agreement between us coming into effect as a possible result of our breach of these Terms or our negligence.
12.3 We only supply the Service for personal and private use. You agree not to use the Service for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.4 We are also not liable to you for:
(a) any damage to your Home (or its contents) caused by another Member; or
(b) any failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach of these Terms or events or circumstances beyond our reasonable control.
12.5 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.
13. Accessing the Website and availability of the
13.1 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
13.2 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 our reasonable endeavours to notify you of the same in advance.
14. No reliance
14.1 All content on the Website (including Listings) is provided in good faith, but we give no warranty of representation that such 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 and such use is entirely at your own risk.
15. Security and linking
15.1 Information transmitted via the Service will pass over public telecommunications networks and we cannot guarantee the security of these.
15.2 Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only and your use of such other sites and resources is subject to the rules and policies of the relevant site or resource. Please read the rules and policies applicable to that site or resource before proceeding. We have no control over, nor do we endorse, the contents of those sites or resources nor any use of personal data by such third party and you acknowledge and agree that your use of them is at your own risk. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
16.1 We may assign our rights, and/or transfer or sub-contract our obligations, under these Terms to another legal entity. These Terms are personal to you. You may not assign your rights, and/or transfer or sub-contract your obligations, under these Terms to anyone else.
16.2 Any failure or delay by us in exercising or enforcing any right available to us under these Terms 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 in writing.
16.3 If any provision of these Terms is disallowed or found to be ineffective, invalid, illegal or unenforceable by any court or regulator, the other provisions shall not be affected and shall continue to apply.
16.4 No provision of these Terms shall be modified or varied without the written consent of you and us.
16.5 These Terms are not intended to give rights to anyone except you and us.
16.6 These Terms are governed by English law.
16.7 We will do our best to resolve any disputes with you arising out of, or in connection with, these Terms and your use of the Service. If, however, any such dispute cannot be resolved between us and either we or you wish to take court proceedings, the courts of England and Wales will, subject to clause 16.8, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland).
16.8 Nothing in clause 16.7 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Thank you for using the Service.
These Terms were last updated on 1 May 2015.