Terms and Conditions of Service

Please read these terms and conditions before registering with SimplyHouseSwap.co.uk.

By registering with this site, or any service on this site, you signify your acceptance of these terms and conditions of service. SimplyHouseSwap reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. If you do not agree with all of these terms and conditions, you may not access or use any part of this service.

General

In these terms:
"SimplyHouseSwap" or "we" or "us" shall mean SimplyHouseSwap Limited, a company incorporated in England and Wales under company number 6890067 and whose registered office is at 4 Elm Grove, Lewes, East Sussex, BN7 1UL;
"House Swap" shall mean an agreement where one Member agrees to allow another Member, hereafter referred to as the "Swapee", to stay in the Member's accommodation and, in return, the Swapee agrees to allow the Member to stay in the Swapee's accommodation for an agreed period of time;
"Member" or "you" or "Swapee" shall mean any person who has paid the prescribed subscription fee to become a member of the Site for the period in question;
"Site" shall mean the house swap website operated by us known as SimplyHouseSwap.co.uk.

Our Services

SimplyHouseSwap acts as a facilitator to allow Members to offer House Swaps to other Members and is only responsible for publishing the Members listings on the Site. SimplyHouseSwap relies on the integrity and responsibility of the Members. SimplyHouseSwap does not verify the existence or content of any property and does not guarantee an exchange of any kind. SimplyHouseSwap is not responsible for the accuracy of the house listings or the actions of the Members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service. Members and users of all SimplyHouseSwap services take sole responsibility for any and all agreements reached through use of the Site.

Membership

Eligibility

SimplyHouseSwap's services are available only to, and may only be used by, Members who are 50 years of age or older. By applying to join as a Member you are confirming to us that you are 50 years of age or older. If you do not qualify, you should not use this service.

Fees

To become a Member, individuals must complete the Registration Form and pay a one-year membership subscription fee in the amount set out on this Site, as amended from time to time. Unless otherwise specified by us, the prescribed annual subscription fee is inclusive of VAT and any other taxes or duties payable when paying the subscription fee. Payments must be made via the secure payment facility on the Site.

Non-Transferrable Membership

Once you have subscribed to this Site, your membership will not be transferable from you to anyone else, including to another Member of this Site.

Renewal

Your membership will not be automatically renewed annually. In order to renew your membership you must pay the relevant annual subscription fee, via the secure payment facility on the Site, applicable at that time.

Right of SimplyHouseSwap to Terminate Membership

If any information provided by a Member is found to be grossly misrepresented, or should the Member's listing(s) or actions be reasonably considered in violation of any law or any provision of these terms and conditions, SimplyHouseSwap reserves the right to remove, at its discretion, the Members' listing(s) at any time, and/or to terminate the Member's access to the Site, without refund. SimplyHouseSwap may also terminate any listing or membership at any time for any other reason or for no reason at all at SimplyHouseSwap's sole discretion, in which case the Member will be entitled only to a pro rata refund of any fee paid.

Right of Member to Terminate Membership

Members may terminate their listings or accounts at any time, and for any reason, by contacting SimplyHouseSwap by email at info@SimplyHouseSwap.co.uk or by pre-paid post at 4 Elm Grove, Lewes, East Sussex, BN7 IUL. Refunds will not be given when Members terminate their listings or accounts.

Rules of Membership

House Swap Guidelines

Hints and tips to make your House Swap easier can be found in our Guidance Notes. Please note that any advice or information provided in our Guidance Notes is suggested guidance only and SimplyHouseSwap (and our officers, directors, agents and employees) cannot be held responsible in any way for any loss, damage, costs or expenses suffered by you (or any of your associates or guests or related parties) or any claims made against you (or any of your associates or guests or related parties) as a result of following or relying on any information supplied by SimplyHouseSwap through the Guidance Notes or the Site.

General Conduct

Members shall treat all other Members of this Site with courtesy and respect. Members shall not use the Site to violate any applicable law. Members shall not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious codes, or any other similar software or programs that may harm the operation of another's computer or gain unauthorized access to another's computer. Members shall not post, or send, any content or engage in any conduct that subjects, or might subject, SimplyHouseSwap to any threat of civil or criminal penalties.

Your Accommodation

By offering accommodation for House Swap, you are certifying that:

Your Information

You guarantee that the information you provide to SimplyHouseSwap, its Members and the Site, including (but not limited to) your name, personal profile details, contact details and the description of your accommodation listed for House Swap on the Site, is accurate and correct at all times. You must ensure that all of your information is kept up-to-date. Any inaccuracies in the information you provide to the Site, or through any email feature connected with the Site, are your sole responsibility. You guarantee that you are the owner of any photograph you upload onto the Site, and you confirm that you have the right to upload any and all photographs. Any photographs you submit to SimplyHouseSwap may not be used for promotional or other business related purposes by SimplyHouseSwap without your express permission.

Your Guests

All House Swaps shall be between parties of two persons or less unless otherwise expressly agreed between Members.

If you propose that other people stay with you in another Member's accommodation, you agree to take full responsibility for such other persons. For the avoidance of doubt, other people staying with you do not have to be 50 years of age or older, but must be 21 years of age or older unless otherwise expressly agreed with the Member whose accommodation you will be staying in.

Feedback

If you leave feedback for another Member, you must ensure that the material you publish is free from any offensive language or content. Abusive or defamatory feedback will not be tolerated by SimplyHouseSwap under any circumstances and may lead to your membership being terminated in accordance with condition 3.5.

Disclaimer and Limitation of Liability

Mere Facilitator

SimplyHouseSwap does not get involved in the actual House Swap between Members and has no control over the truth or accuracy of the listings, or the ability of Members to offer or enter into House Swaps. As a result, SimplyHouseSwap cannot ensure, and does not represent, that a Member will actually complete an agreed House Swap, or that a Member will act lawfully or reasonably in using this Site. Please note that there may be a risk of dealing with people acting under false pretences. We recommend that you verify the accuracy of information provided on, via, or in connection with, the Site by making independent enquiries, including contacting the Member and any referees they have nominated.

Responsibility for House Swap

As a Member you agree that you are responsible for any House Swaps you organise with any Swapee or any other party via the Site. You agree that you will not hold SimplyHouseSwap liable in the event that problems arise in connection with any House Swap you enter into. It is your responsibility to ensure that the House Swap goes successfully and at no time will SimplyHouseSwap be liable in the event that a Member is unhappy or dissatisfied with a House Swap for any reason, or if a Member does not find a suitable House Swap.

Disclaimer

SimplyHouseSwap disclaims all liability in connection with House Swaps and information provided on, via or in connection with the Site or an actual or proposed House Swap. Under no circumstances are SimplyHouseSwap responsible for any loss or damages incurred in connection with a House Swap. House Swaps are strictly a matter between Members participating in the exchange.

Disputes

If you (or any of your associates or guests or related parties) have a dispute with one or more Members, you (and your associates, guests and related parties) release SimplyHouseSwap (and our officers, directors, agents and employees) from all claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, foreseen or unforeseen, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with any such dispute.

Limit on Liability

Notwithstanding the above provisions, nothing in these terms and conditions of service is intended to limit or exclude any liability on the part of SimplyHouseSwap where and to the extent that applicable law prohibits such exclusion or limitation.

Member Indemnities

You agree to indemnify and hold harmless SimplyHouseSwap, its officers, directors, shareholders, employees and agents, from any injury or damage suffered directly or indirectly as a result of your use of the SimplyHouseSwap property listing service, including but not limited to:
any claims for injury or damage to person or property arising from a property you own;
any claims for injury or damage to person or property arising from a House Swap to which you are a party;
a violation of these terms and conditions of service by you or anyone using your computer (or account, where applicable);
a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any property right of any third party;
any misrepresentation by you;
any breach of any agreement to be performed by you in connection with a House Swap.

You agree to pay to SimplyHouseSwap any and all costs, damages and expenses, including, but not limited to, reasonable legal fees and costs, awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim as described in term 6.1 above.

Miscellaneous

Assignment

SimplyHouseSwap may assign its rights to this Agreement without the Members' consent. If SimplyHouseSwap assigns its rights, is sold to another entity, or enters into an agreement with another company to share listings, SimplyHouseSwap or its successor will give notice to the Member who may opt out by terminating his or her membership at that time.

Waiver

Our failure to act in respect of a breach of these terms and conditions of service by you or others does not waive our right to act in respect of subsequent or similar breaches.

Notices

Except as explicitly stated otherwise, any notices to you shall be delivered to the email address you provide to us during the registration process. Alternatively, we may give you notice by pre-paid post to the address you provided to us during the registration process, or as updated by you as relevant from time to time. Any notices to us must be sent by email to info@SimplyHouseSwap.co.uk or by pre-paid post to 4 Elm Grove, Lewes, East Sussex, BN7 1UL.

Any notice shall be deemed given:-
if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or
if sent by pre-paid post, three business days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.

Severability

If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect.

Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

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