Terms of Use

Introduction and Definitions

These terms and conditions set out the responsibilities of Luxe Home Swap and the users of the Luxe Home Swap website and services, plus the users of these services via partner sites for which Luxe Home Swap has powered a home exchange service.

In this Agreement the following terms have the meanings described below unless the context denotes otherwise:

"Agreement" means the agreement between You and The Company incorporating these terms and conditions of use, as amended from time to time in the manner set forth herein;

“the Company” means Luxe Home Swap Limited Company Registration Number 07031138 registered in London, UK;

“Listing” means the information in text, images and other forms posted onto the Site to describe a property for possible exchange;

"Member, User, You, Your" means the person who registers for the service, accepts the terms and conditions of this Agreement and whose application for membership of the service is accepted by the Company. You must be an individual and not operating in any form of a commercial context whether incorporated or not;

“Exchange Partner” means the Member with whom You have agreed to undertake a home exchange;

“the Service” means the functionality of the Site and the information and services provided by The Company for facilitation of home exchanges between Members;

“the Site” means the website located at www.luxehomeswap.com;

“Trademarks” means all trademarks and logos on the Site including but not limited to the Luxe Home Swap logo.

"Partner sites" means all sites that Luxe Home Swap partners with for which Luxe Home Swap powers a home exchange service.

Section 1 Luxe Home Swap Services and Membership

The Company is responsible for publishing listings on the Site in order to facilitate home exchanges between Members.

Members take sole responsibility for any and all agreements reached through use of the Service.

The Company does not guarantee that Members will arrange home exchanges through its services.

The Company does not verify the accuracy of the information posted on the Site by Members or communicated between Members by email or any other means.

The Company relies on the accuracy and integrity of the information supplied by Members.

The Company provides membership on a twelve month rolling basis and will charge its annual fee in the first month of each twelve month period.

The Company reserves the right to terminate any listing or membership as specified in Section 14.

The mininum subscription commitment is 12 months. If members do not wish to renew their membership, they can contact The Company any time in their current 12 month period by simply emailing info@luxehomeswap.com, and future payments will not be taken. The membership fee once taken for each year's membership is non-refundable and non-transferable.

Section 2 Access to and use of the Site
This Site www.luxehomeswap.com is operated by Luxe Home Swap Ltd (“the Company”). Partner sites are those powered by Luxe Home Swap Ltd ("the Company") and therefore the same terms of use apply.
Your access to and use of the Site is conditional upon Your acceptance of the following terms and conditions including the Company’s privacy policy ("Privacy Policy") and any other terms and conditions contained on the Site collectively referred to as the "Agreement" and any subsequent reasonable variations made to it. These govern Your use of the Site and all information and services available via the Site.
The Site is available to You as an individual only. You are prohibited from using the Site for any solicitations or commercial use. Automated or manual extraction of information from this site, and collecting or storing personal information about Members, is prohibited. Any breach of these conditions will result in the termination of Your membership with immediate effect and the Company retains the right to issue a penalty to You of £1,000 in respect of each Member solicited.
You are prohibited from using the Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct.

Section 3 Site Information and Email

All content within the Site is exclusively available to Members for the sole purpose of arranging direct home exchanges between Members.

Members are solely responsible for their interactions with other Members.

Information provided to a Member through the Service is private and not in the public domain.

Members must not use any content from this site for any solicitations or commercial use.

Use of the email service provided by the Site is subject to the following rules and guidelines:

a. Email correspondence between Members facilitated by the Site is exclusively for the purposes of arranging a home exchange between Members.

b. Members must not send unsolicited commercial messages to other Members. This includes, but is not limited to, commercial advertising, announcements, charity requests, petitions for signatures and political or religious messages. Any attempt to collect email addresses from Members for any other purpose is in violation of this Agreement and is subject to suspension or expulsion from the site. The Company retains the right to issue a penalty to You of £1,000 in respect of each email address collected.
c. The Company has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Service.

d. Members acknowledge that functions and features that constitute the Service and services provided by the Company may change at any time.

e. The Company reserves the right to sign out, terminate or delete a Member’s account from the Service if it is determined as inactive meaning that a Member has not signed in to the Service or has not responded to messages for a reasonable period of time. A reasonable time will be determined by the Company, which will make reasonable attempts to contact the Member prior to terminating or deleting the Member’s account.

f. The Company is not responsible for the forwarding of email sent to any subscriber whose membership has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily, at the Company’s sole discretion.

g. The Company has no obligation to monitor the content of email transmissions facilitated by the Site, but does have the right to monitor such transmissions and to govern the same in accordance with our Agreement.

Section 4 Member Responsibilities

As a Member of the Site I agree:

- I will accurately describe my home and exchange opportunity in all correspondence. This includes an accurate description of the number and size of rooms. Any interior or exterior photos posted must be of the property offered for exchange, unless specifically indicated otherwise. Omissions of relevant descriptions may be considered the same as an inaccurate description and may result in the account of the Member omitting relevant information being terminated.

- I will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through this Service, other than the posting of my home for exchange. Postings shall not contain any type of advertising or solicitation other than an offer to exchange or rent in accordance with the terms of this site.

- I will leave my house and (if applicable) car in a clean and tidy condition for my Exchange Partner.

- I will treat my Exchange Partner with consideration, courtesy and respect at all times.

- I will treat my Exchange Partner’s home and belongings with the utmost care, leaving them in the same in the condition in which I found them.

- I will notify my Exchange Partner of any damage caused during my stay in their exchange property and offer to replace, repair or pay for same.

- I will ensure that my property and belongings are appropriately insured and I acknowledge that the Company has no liability or responsibility in this regard.

- I will honour all obligations I make relative to the exchange. I will not cancel or change the dates of an agreed exchange unless in the most compelling unforeseen circumstances such as serious illness or death of a family member. If I am forced to cancel or change the exchange, I will make every reasonable effort to otherwise accommodate or find accommodation for my Exchange Partner.

- I will accommodate to the best of my ability any personal, cultural and language differences between exchange partners and agree to overcome any issues courteously and respectfully.

- I will not provide false or misleading information to the Company or its Members.

- I will not use the Site to violate any applicable law.

- I will not upload or transmit any files that contain viruses, Trojan horses, corrupted files, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to another’s computer or data.

- I will not post or send any content or engage in any conduct that subjects the Company to any threat of civil or criminal penalties.

- I am responsible for conducting my own investigation regarding any and all claims made by other prospective home exchangers and Exchange Partners.

- I assume all liability for use of any information I find on the Site or affiliated web sites.

- I understand that the Company and the operators of the Site assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.

- I have the authority to enter into this Agreement, to post my Listing and to offer it for exchange.

- I am responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, and safety compliance.

Section 5 User Identity and Password

Members use their email address as their User identity (User ID) and create a password which is required for authentication to access the "Members only" area of the Site. As a Member You will be required to use Your password each time You log on to the Site. Members accept that the Company may assume the authenticity of and may act upon any instructions given by any person who uses Your accesses the site with Your User ID or password.
The Company will not disclose Member’s email addresses or full names to other members. Your identity on the Site will be the first name of the name registered on the site. Email communications between members will be enabled on the site with reference to listings and first names without disclosing email addresses.
Members must comply with all directions issued by the Company pertaining to use of Your User ID and password. You must not disclose Your password to any other person and the Company holds You solely responsible for keeping Your password strictly confidential.
You will be held responsible for all communications and agreements made using Your password or User ID including all transactions a third party conducts using Your password or User ID, irrespective of whether You have disclosed Your password or User ID to that third party either intentionally or otherwise. You must notify the Company immediately if You become aware that Your password or User ID has been compromised or that there has been unauthorised use of Your password or User ID.

Section 6 Security Of Information

Members must consider that no data transmission over the Internet is totally secure. In consideration of this the Company does not warrant and cannot ensure the security of any information that You transmit to the Company and or within the Site. Any information that You transmit is transmitted at Your own risk. Nevertheless, upon the Company receiving Your transmission, it will take reasonable steps to preserve the security of such information.

Section 7 Limitation Of Liability
The Company does not warrant that the Members access to or use of the Site will be continuous, uninterrupted or totally secure. The Site may not be available from time to time due to upgrades or maintenance. Members must acknowledge that disruptions to the operation of the Site may occur which may affect access to or use of the Site.
Neither the Company nor its employees, officers or agents, will be liable for any loss or damage (including without limitation, any consequential loss or damage) suffered by You arising directly or indirectly from Your inability to access the Site, Your operation of the Site or in relation to any Services offered through the Site.
Under no circumstances will the Company be liable to You or any third party for any indirect or consequential loss arising from damage caused to Your computer or computer files as a result of Your use of the Site or resulting from loss of data, loss of profits or business interruption even where the Company has been advised of the possibility of such damages.

Section 8 Indemnity
A Member agrees to indemnify and keep indemnified the Company, its affiliates, officers, employees and agents against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by the Company, directly or indirectly as a result of any breach of the Member’s obligations under the Agreement.

Section 9 Disclaimer
Your use of the Site and information on the Site is at Your own risk. The information appearing on the Site is for general information only and is subject to change. The Company does not warrant that information contained on the Site is complete, accurate, or up-to-date. Any aspect of the Site may be changed, supplemented, deleted or updated without notice at the sole discretion of the Company.
To the extent permitted by law, neither the Company nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by You or claims made against You by reason of Your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site.
The Company cannot be held responsible for the condition of listed homes, the actions of individual members or the accuracy of the listings.
To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded.
Neither the Company nor any other party involved in creating producing, or delivering the Site, will be liable to You for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of Your access to, or use of the Site or any Linked Sites.

Section 10 Site Content
Copyright in the Site (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. The Company may use selected items of Site content for marketing purposes. Members who do not want information relating to their Listing used for marketing purposes outside of the Site may opt out by writing to ben@luxehomeswap and stating their request. You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the Site except as permitted by statute or with the Company’s prior written consent.

Section 11 Trade Marks
All trademarks and logos on the Site ("Trade Marks") are owned or licensed by the Company. You may not use, reproduce or alter the Trade Marks in any manner whatsoever except with the prior written consent of the Company.-There is no provision on the Site or elsewhere will be construed as granting to You or any other person, any right, title or interest in the Trade Marks.

Section 12 Linked Sites
The Site may contain links to other sites (“Linked Sites”). The Company does not review, approve, recommend or endorse Linked Sites or the materials or information on Linked Sites in any way unless and to the extent stipulated to the contrary. The Company is not responsible for the content of Linked Sites or for the content or privacy practices associated with Linked Sites. You access Linked Sites and use the products and services made available on Linked Sites solely at Your own risk.

Section 13 Your Information
You acknowledge that all information You provide to Luxe Home Swap including personal information is complete, accurate and current. It is a condition of the Agreement that Your information is not false or misleading and does not contravene any law, statute or regulation.
It is a condition of the Agreement that Your information does not contain text, images or website URLs that promote, either implicitly or explicitly, any accommodation for holidays, vacations or home exchange, that are provided by individuals, companies or organisations other than the Company or its International Associates.
The Privacy Policy governs the manner in which Luxe Home Swap may use Your personal information. You consent to use of Your personal information in the manner set out in the Privacy Policy. You may review the terms of the Privacy Policy.

Section 14 Termination
The Company reserves the right to suspend or terminate Your membership and access to or use of the Site for any reason, including breach of the terms and conditions of this Agreement, misuse of the site including any action by You we feel compromises the security of the Site, that adversely affects other Members or their property, or the Company feel is detrimental to the Company.
The Company may, where any information provided by a Member is found to be grossly misrepresented, or should the Member's Listing(s) or actions be in violation of any law or any provision of this Agreement, the Company 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 Web site, without refund.
The Company may also terminate any Listing or membership at any time for any other reason or for no reason at all at the Company’s sole discretion, in which case the Member will be entitled only to a pro rata refund of any fee paid. The Company shall not be liable to You or any third party for any termination or suspension of Your membership and access to the Site, the information and/or the Services.
Members may “hide” or “unhide” their Listing at any time and at no charge by logging in to their Listing and choosing that option.
Should a Member choose to terminate their Listing or account, they may do so only by contacting Customer Service. Refunds will not be given when Members so terminate their Listings or accounts.

Section 15 General
Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. If any provision of the Agreement is invalid, void or unenforceable, all other provisions will be separately enforceable and will continue to be of full force and effect without regard to the invalid, void or unenforceable provision.
The Company may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions will mean You accept those changes.