TERMS AND CONDITIONS:
Last updated: 18 May 2017
1.1 These terms and conditions (Terms), together with our policies , tell you the terms on which you may use www.swapworld.com (Website) and the 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 E Turn FZE is a limited liability company and United Arab of Emirates is our country of domicile (SwapWorld, we, us, our).
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.
3. The Service
3.1 The Service is designed: (i) to introduce individuals who wish to temporarily swap (Swap/Cover) their usual classes and/or rent (Rent or Rental) their homes or holiday/second homes (Homes) during the swap period; (ii) to connect you and other members of the Service (Members) and to facilitate such Swaps and optional home exchanges.
3.2 The Service is designed to act as an intermediary marketplace only to facilitate short term professional or one off gigs swaps and home exchanges for a defined period of time. We do not employ any of the potential swappers and we cannot accept any responsibility for the swapping process or any consequences. SwapWorld is a platform for you to meet potential swappers, but the conditions and success of the swap are the sole responsibility of the swappers themselves. Further, SwapWorld does not own, manage, provide, operate, otherwise deal with, make promises or statements in respect of, or take responsibility for any type of property or its condition or suitability, including Homes, except as set out in these Terms. If you are employed by a third party, for example a fitness studio or gym, you will need to make sure the third party accepts the swap and that you do not break any existing legal conditions with such third party.
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 swapping experiences with or without Home exchange).
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 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.
4.3 We will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFFICE FOREIGN ASSETS CONTROL (OFAC) targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
4.3 You undertake and acknowledge 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 your profile and any home 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 swap and/or home exchange that you agree to, and, in doing so, you will not breach any other agreement you may have with anyone else (for example your current employer);
(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 consents, licenses and permissions relating to your use of the Service (including, where relevant, the consent of your current employer, 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) without previous written authorization from SwapWorld;
(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 skills and/or home) without previous written authorization from SwapWorld.
4.5 You agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged 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.
4.6 You also agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of any contract between you and any third party (including a swapper or your current employer, as applicable). This includes any loss or damage we suffer as a result of any claims or legal proceedings brought against us by any third party arising out of such breach or alleged breach.
4.7 You agree to retain a copy of transaction records and a copy of our policies and rules.
4.8 You agree that it is your responsibility to maintain the confidentiality of your account.
5. Listings / Swapping board
5.1 As part of the Service, you may provide and list information on the Service about yourself to be able to swap and/or on the Home which you would like to Exchange.
5.2 When creating your profile and/or Listing, you agree to accurately describe yourself and your credentials, or your Home, as well as the swap and/or exchange opportunity. This includes an accurate description as per the fields requested by SwapWorld. Any photos and/or videos included in a Listing must be relevant to yourself and/or the Home you are listing, and you must not add photos and/or videos 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 yourself or your home as being inaccurate.
5.3 Whilst we hope, and use our reasonable endeavours to ensure, that all Listings are accurate and complete and provide a true representation of the relevant individual profiles or Home, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.
6. Swaps, exchanges and other dealings with Members
6.1 If you agree to enter into a swap and/or exchange with another Member, the terms of the arrangement and/or agreement regarding that swap and/or exchange are solely between you and the other Member. We are not a party to any swap and/or exchange. 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 swap and/or exchange you may agree or the condition or suitability of any property. You also acknowledge and agree that personal information such as email addresses and phone numbers can only be exchanged between Members once swaps and/or exchanges have been fully agreed through the Website.
6.2 The terms of cancellation for any swap and/or exchange 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 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 or any other organization such as your current employer, (except to the extent that we agree in writing to get involved in any such dispute).
7. Home exchanges
7.1 If you are a welcoming a Member in your house (Host), you agree:
(a) to ensure that your Home is in a clean and tidy condition for the Member coming into your house (Guest) and in the same or better condition than that shown in any photos included in your Listing;
(b) to hold appropriate insurance cover in respect of your Home (and its contents) for when Guests are staying there;
(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 specific arrangements.
7.2 If you are temporarily staying in the home of a Member (Guest), you agree:
(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 accept full responsibility for any damage whatsoever that you cause to the Home of your Host (or its contents), to notify your Host of any such damage within 24 hours and promptly to replace, repair or pay for the same (unless otherwise agreed).
(c) to hold appropriate travel insurance in place to cover you in the event that a swap and/or exchange is cancelled (whether by you or the Host) or the Home you have booked becomes uninhabitable and/or unavailable; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any swap and/or exchange.
8.1 The Service allows Members to communicate with and send messages to other Members (Communications).
8.2 Communications are allowed solely for the purpose of arranging swaps and/or exchanges with other Members. You agree not to send Communications that are:
(b) advertising or other commercial promotions without explicit written consent from SwapWorld;
(c) announcements without explicit written consent from SwapWorld;
(d) charity requests or petitions without explicit written consent from SwapWorld; and/or
(e) otherwise inappropriate including (but not limited to) communications that may be deemed defamatory, harassment, threatening, intimidating, obscene, denigratory on the basis of your colour, race, ethnic, national origins, religion, gender, sexual orientation or disability, that can hurt the other member in any way.
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, videos, graphics or any other content whatsoever to us in connection with the Service (for example, as part of a swap, your profile in SwapWorld 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 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
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 The various levels of membership for the Service and the corresponding membership fees are set out on the Website and are subject to reasonable change by us from time to time. Unless otherwise specified, no membership fee is payable during the Introductory Period (as defined in clause 11.1).
10.3 If an Exchange which has already been accepted and confirmed is cancelled by you, you will be liable for any loss suffered by the other party as result of such cancellation. Further, last minute cancellations will reflect poorly on your profile and comments that other members may post about you. 10.4 If your 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 11.5(b);
(a) if the other member cancels a swap which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative swap in your destination country and/or a temporary cover of your job in your current employer and/or some temporary (for example workshop) opportunity at your destination country. We cannot guarantee we will be able to find a suitable alternative for you and we should not be liable for the consequences of the cancelation in any case.
(b) you will promptly in accordance with applicable deadlines account to the tax 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 a swap, including any applicable income tax. This is your responsibility and SwapWorld has no means to help you in any way with your own tax duties.
10.5 For the avoidance of doubt the currency symbol '$', when used on the Website, is a reference to US dollars (USD), unless otherwise specified.
11. Membership term and cancellation of membership
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, unless otherwise agreed, 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 firstname.lastname@example.org, provided that we receive such notice or email by no later than the end of the Introductory Period. Please note that an amount of $0.01 may be debited from your credit or debit card in order 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 the period of your selected membership (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 as per your Subscription Period at the then current membership renewal fee at the end of the Subscription Period unless you notify us in writing or by email sent to email@example.com at any time 7 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 7 days prior to the end of the Subscription Period or relevant Renewal Period (as applicable). If you cancel your membership during such period, we will refund to you the membership fee in respect of such renewal, even if such fee has already been charged to your credit or debit card.
We reserve the right to increase membership fees at any time, and will notify you of this by email to the address you have provided in advance of any changes taking effect.
11.4 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.
11.5 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 a swap and/or Exchange 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.
12.1 IN NO EVENT SHALL WE, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
12.2 IN NO EVENT SHALL WE, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) DEATH OR PERSONAL INJURY OF ANY PERSON, INCLUDING YOU (B) DAMAGE OR DESTRUCTION OF ANY PROPERTY, INCLUDING YOURS; HOWEVER ARISING (INCLUDING BUT NOT LIMITED TO OUR OWN NEGLIGENCE).
12.3 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
12.4. SHOULD THE LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS BE REJECTED BY A COURT OF COMPETENT JURISDICTION, YOU AGREE AND ACCEPT THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
12.5 YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS US (AND EACH OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES) FROM ANY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OUR SERVICES; (B) ANY CONTENT YOU PROVIDE; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER; OR (E) YOUR CONDUCT IN CONNECTION WITH THE SERVICES. FURTHER, IF YOU ARE USING THE SERVICES ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT THAT SUCH ENTITY AGREES TO INDEMNIFY YOU AND US FOR VIOLATIONS OF THESE TERMS IN ACCORDANCE WITH THIS SECTION. IF YOU ARE OBLIGATED TO INDEMNIFY US, WE WILL HAVE THE RIGHT, IN OUR SOLE AND UNFETTERED DISCRETION, TO CONTROL ANY ACTION OR PROCEEDING AND DETERMINE WHETHER WE WISH TO SETTLE IT, AND IF SO, ON WHAT TERMS.
13. Accessing the Website and availability of the Service
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 profiles and Listings) is provided in good faith, but we give no warranty of representation that such content is accurate, complete or up-to-date (including, for instance, a Listing provides a true representation of the relevant Home and its condition), 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 and/or email.
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 These Terms are not intended to give rights to anyone except you and us.
16.5 These Terms are governed by English law.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SwapWorld AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and SwapWorld agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and SwapWorld are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and SwapWorld agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in DIFC, Dubai, UAE (both seat and place of arbitration) and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the DIFC-LCIA.