Please read these Terms & Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Space Swaps website, you agree to comply with and be bound by these Terms & Conditions.
Thank you for using Space Swaps. Please read the following Terms carefully and save these terms for future use. These Terms constitute a legally binding end user license agreement between you and Space Swap (the “Agreement”). This Agreement governs your access to and use of Swap’s Services, including but not limited to, any subdomains thereof, any other websites through which Space Swap makes its services available, our mobile, tablet and other smart device applications, and all associated services. In addition, when downloading our App in the Appstore or Google Play Store, you agree to be bound by the relevant Appstore or Google Play Store Rules.
Your contracting entity will be determined by your country of residence, which is the jurisdiction associated with your Space Swap account as determined by either your express selection or by Space Swap’s assessment of your residence using various data attributes associated with your Space Swap account.
These Terms apply to all Users and their travel companions. As a Guest, you promise that all other people staying with you at the Host’s property will comply with these Terms, including the Space Swap Contract, and you will be responsible to us and the Host if they do not.
The headings in this agreement are inserted for convenience only and shall not affect its construction.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
Changes to the terms
Space Swaps reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on Space Swap’s Services and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms. Any such change will not affect Space Swap Contracts concluded before such effective date.
You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the website Space Swaps.
You agree that you will not, in connection with the website, do the following as these behaviours are strictly forbidden and may result in your Profile closure:
Breach any applicable law, regulation or code of conduct, and/or assist or enable other to breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights or our Terms and other policies on our Website;
Publish or send any Content (including links or references to other content), or otherwise behave in a manner, which; is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive; infringes any intellectual property or other rights of others; involves phishing or scamming or similar conduct; content which we otherwise reasonably consider to be inappropriate.
Privacy and Personal Data
If you have any questions regarding your privacy rights, please email us.
Your account on our Website is for your personal use only and is non-transferable (this includes any assignments or delegations of your rights and responsibilities under this contract). You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third-parties who use your account or identity (unless and to the extent that we are at fault).
Complaints and Feedback
If you have any complaints, please contact us firstname.lastname@example.org
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services. You may submit this feedback by emailing us through the “Contact Us” page on our Website. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Company’s Website and/or Services, whether in person or online remains with you. Neither the Company nor any other party involved in creating, producing or delivering the Company’s Website and/or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) from the use of or inability to use the Website and/or Services; (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Website; or (iv) from your publishing or entering into a Swap Contract, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited in your jurisdiction of residence. In this section, any reference to us includes our employees and agents.
The Company shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
There is no breach of a legal duty of care owed to you by us or by any of our employees or agents; such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); such loss or damage is caused by you, for example by not complying with this Agreement, Terms and Policies; or such loss or damage relates to a business of yours. You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this Agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).
If your Country of Residence is in the EU, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents.
Essential contractual obligations are such duties of the Company in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of the Company is excluded.
Space Swaps is not liable for any loss incurred due to unforeseen cancellation; disruptions; natural disasters; change of mind; family related incidents and/ or accidents. The user will incur all costs.
Space Swaps is not reliable for any damages incurred during the period of the swap. All users should seek independent legal advice for buildings and content insurance. The user is solely liable for any damages; loss; information; privacy breach.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE