TERMS & CONDITIONS - TERMS OF USE

Use of the Service is governed by the Terms and Conditions (as amended from time to time) which consist of these Terms of Use, the Privacy Policy, the About Us section and the Member Registration Form. These documents constitute the entire agreement between us and can be found on this website (jointly referred to as the "Terms and Conditions"). By using the Service and/or registering to use the Service you agree to be bound by these Terms and Conditions.


General Terms of Use

1 The services provided by www.thepropertyswap.com consist of (i) the provision of this website; and (ii) the provision of a matching service that identifies potentially suitable property to secure a mutual sale and purchase of homes between home owners. You acknowledge that the extent of the Service is to introduce parties in respect of property exchange and facilitate communication in respect thereof. www.thepropertyswap.com offers no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful exchange. Moreover www.thepropertyswap.com cannot verify the existence, suitability or condition of any of the properties detailed on the website nor can it accept any liability for any damage, accident or injury which might occur due to your direct or indirect use of the Services.

2 You acknowledge that www.thepropertyswap.com publishes information provided to it by third parties. www.thepropertyswap.com does not therefore make any representations or warranties about the accuracy, completeness or suitability of the information and related images published by the Service.

3 Neither www.thepropertyswap.com, nor any of its officers, servants and agents contributing to the Service shall be liable for any loss or damage arising out of or in connection with the use of this Service. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of turnover, loss of sales, loss of revenue, special loss, income or profit loss, loss of or damage to property and any claims of third parties and which in any event shall be limited to "sums paid" by the relevant party.

4 While www.thepropertyswap.com endeavors to ensure that this Service is normally available 24 hours a day, access to this Service may be suspended temporarily and without notice. www.thepropertyswap.com shall not be liable for any damages, direct, indirect or consequential arising in contract or tort or otherwise from the inability to use the Service.

5 Notwithstanding the foregoing, none of the exclusions and limitations in the Terms and Conditions are intended to limit any rights you may have as a consumer under UK law, nor in any way to exclude or limit www.thepropertyswap.com's liability to you for death or personal injury resulting from www.thepropertyswap.com's negligence or that of its employees or agents.

6 Any links to other sites are provided for information only. www.thepropertyswap.com is not responsible for the content of these sites nor does the presence of a link constitute an endorsement of or statement about the site linked to.

7 You agree not to post or transfer to this website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of www.thepropertyswap.com or any other parties computer system. In the event that you do post or transfer any such material to this website your registration to the www.thepropertyswap.com service may be revoked. You agree to indemnify us in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligation under this provision, including, but not limited to any claims made against us by any third party. www.thepropertyswap.com reserves the right to withdraw any material posted on the website without notice or formality.

8 Any third party contributing any content to the Service whether by means of text, names and/or images shall at all times be liable for and shall indemnify and hold harmless www.thepropertyswap.com (together with its officers, servants and agents) against any and all liability, loss, damages, cost, legal costs, professional and other expenses of any nature whatsoever, incurred or suffered by any party arising out of the use of the Service whether directly, or indirectly.

9 In consideration of agreeing to your use of this website and the Services you acknowledge that the ownership of any intellectual property rights (including but not limited to copyright) in this website belongs to us and all such rights in respect of the contents are controlled by us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

10 www.thepropertyswap.com reserves the right to amend the Terms and Conditions, the Services and the website at any time as www.thepropertyswap.com may in its sole discretion deem fit. You agree to be bound by the Terms and Conditions in force at the time you are utilising the website and/or the Service unless such changes are deemed to have retrospective effect by virtue of applicable law. Copies of previous versions of these Terms and Conditions can be obtained by writing to www.thepropertyswap.com at customerservices@thepropertyswap.com. It is your responsibility to familiarise yourself with any such amendments and familiarise yourself with the amended Terms and Conditions as continued use of the website and/or the Service signifies agreement to the Terms and Conditions (as amended).

11 www.thepropertyswap.com reserves the right to withdraw some or all rights from any user as it shall in its sole discretion deem fit.

12 www.thepropertyswap.com may assign its rights to this agreement without your consent.

13 www.thepropertyswap.com is registered in the UK and is governed solely by UK law. Members from other countries use this site in accordance with the laws in force in their country of residence and you agree to be bound by any laws in force in your country of residence that may be applicable and you agree to familiarise yourself with any such laws.

14 www.thepropertyswap.com Services are only available to persons who are capable of forming a legally binding contract and in accepting these Terms and Conditions you are declaring that you are capable of forming a legally binding contract and that you are conversant enough in the English language to understand these terms. You are advised to seek legal advise should you be in any doubt as to your responsibilities under these terms.

15 In the event any of these Terms and Conditions are declared invalid or unenforceable by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other clauses or part of clauses contained in these terms and conditions shall remain in full force and effect and shall not be effected by such finding.

16 For the avoidance of doubt clauses 7, 8 and 18 hereof shall survive termination hereof.

17 A person who is not a party to these Terms and Conditions shall have no right under the contract (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions.

18 These Terms and Conditions shall be interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

19 A "Registrant" is anyone who has registered to use the Services to swap homes.

20 Provided you agree unconditionally to the Terms and Conditions please apply for the Service by completing the online registration form. Upon entry of your registration details to the website a legally binding contract will have been formed between us. Please note www.thepropertyswap.com reserves the right at its sole discretion not to process your application and in the event that your application is rejected www.thepropertyswap.com will notify you.

21 The Service may be terminated at any time by either you or www.thepropertyswap.com. If you wish to unsubscribe you should log into the website, click on the "remove my property" link and follow the on screen instructions.

22 If you are selling your home in the UK you require a Home Information Pack ("HIP") by Law, including if the sale is by way of a swap. If you have had a HIP prepared already, for example organised through an estate agent, you can use that. Please refer to www.homeinformationpacks.gov.uk for more details. By registering in the UK and using the www.thepropertyswap.com service you are confirming you will make a HIP available to potentially interested parties.

23 All members successfully exchanging properties will be requested to take part in the publicity of this service. By joining the membership of this web site, you grant the Promoter permission to use your name, property details and likeness for advertising and future promotional purposes without additional compensation (except where prohibited).

24 Risk Free Offer - Is active from 1st April 2010 until 1st October 2010. To qualify members must complete all registration form data and upload three images of their property. All refund requests must be received within seven days of registration. Acceptance remains at the discresion of www.thepropertyswap.com