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Updated July, 2023
Welcome to Swapsy, the online platform connecting people for rewarding and exciting home exchanges. Before using Swapsy ("the Platform"), please carefully review the following Terms and Conditions ("Terms"). By accessing or using the Platform, you agree to comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, you may not use the Platform.
1.
Definitions
a.
"the Platform" refers to the online home exchange platform provided by Swapsy Home Exchange (ABN: 78127869383).
b.
"User" refers to any individual or entity accessing or using Swapsy.
c.
"Listing" refers to a home or property listed by a User on Swapsy for the purpose of a home exchange.
d.
"Swap Partner" refers to another User with whom a User enters into a Home Exchange Agreement.
e.
"Swap Request" refers to a home exchange request sent via the Platform from one User to another User.
f.
"Swap Details" refers to the number of guests and the period of time specified for the home exchange.
g.
"Home Exchange Agreement" refers to an agreement between Users to exchange their homes after they have both "ACCEPTED" the Swap Details.
2.
Eligibility
a.
Users must be at least 18 years old to access or use the Platform.
b.
By using the Platform, you represent and warrant that you have the legal capacity and authority to enter into binding agreements.
3.
Platform Usage
a.
Swapsy provides an online self-service platform that facilitates home exchanges between Users. Users can list their homes, communicate with potential Swap Partners, and arrange Home Exchange Agreements.
b.
Swapsy is not involved in the actual home exchange process and does not act as an agent, broker, or insurer. Swapsy solely serves as a platform for connecting Users.
4.
Swapsy Launch Club Members
a.
Users who have been accepted into the Swapsy Launch Club will receive one year of free membership.
b.
The year of free membership will commence on the date a User account has been activated and finish on the same day and month one calendar year later.
c.
After the free membership period has expired, Users agree to enter into a paid membership plan within 7 days or their account will be closed.
5.
User Responsibilities
a.
Users are solely responsible for the accuracy of the information provided on the Platform, including personal details and property descriptions.
b.
Users consent to undergo background checks conducted by Swapsy. These checks may include verification of property, identity, and other relevant information.
c.
Users agree to communicate on the Platform with honesty and respect before, during and after a home exchange.
6.
Home Listings
a.
Users are solely responsible for creating and managing their home listings on the Platform.
b.
Users agree to provide accurate and truthful information about their homes, including descriptions, amenities, images and any specific exchange requirements or restrictions.
7.
Home Exchange Agreement
a.
Users acknowledge and agree that any Home Exchange Agreement entered into is solely between the Users involved, and Swapsy is not a party to such agreements.
b.
Users agree to provide a home for the Swap Partner that adheres to relevant state and/or national building codes and home safety legislation.
c.
Users agree to provide a home for the Swap Partner that adheres to a minimum set of standards, meaning it must:
i.
be structurally sound
ii.
have adequate natural or artificial lighting in each room, except storage rooms or garage
iii.
have adequate ventilation
iv.
have electricity or gas and an adequate amount of sockets
v.
have adequate plumbing and drainage
vi.
have a water connection for hot and cold water for drinking, washing and cleaning
vii.
have bathroom facilities, including a toilet and washing facilities that allow users privacy.
viii.
have adequate fire safety measures including operational smoke alarms
d.
Users agree to treat their Swap Partner's property with care and respect, and to abide by any additional rules or guidelines provided in the Swap Chat by the Swap Partner.
e.
If the User and Swap Partner have both "ACCEPTED" the Swap Request, they confirm a reciprocal agreement to exchange homes with the number of guests stated in the Swap Details and on the dates stated in the Swap Details.
f.
Users agree to make every effort to adhere to the number of guests and dates stated in the Swap Details. If they are not able to adhere to the Swap Details and wish to "DECLINE" the Swap Request, they must make the Swap Partner aware as soon as possible and seek to make alternative arrangements.
g.
Users are not liable to cover any costs for the Swap Partner in the event that a home exchange is "DECLINED" by the User.
h.
Users are not responsible for any damages, losses, or liabilities incurred by the Swap Partner during a home exchange.
i.
Users are responsible for resolving any disputes or issues arising from a home exchange directly with the Swap Partner.
8.
Insurance
a.
Users understand and acknowledge that Swapsy does not provide insurance coverage for home exchanges.
b.
Users are responsible for obtaining their own insurance coverage, if desired, to protect their property, belongings and Swap Partners during an exchange.
9.
Residential Tenancy Agreements
a.
If a User is renting the property they live in, they agree to seek permission from their landlord before listing on Swapsy.
b.
Users agree to check any binding residential tenancy agreements for anything that may restrict them from participating in a home exchange.
10.
Privacy And Data Protection
a.
Swapsy will collect, use, and process personal information in accordance with its Privacy Policy.
b.
By using the Platform, Users consent to the collection, use, and processing of their personal information as described in the Privacy Policy.
11.
Limitation Of Liability
a.
Swapsy does not guarantee the accuracy, completeness, or suitability of any content on the Platform, including Listings and User information.
b.
Swapsy shall not be liable for any damages, losses, or liabilities arising out of or in connection with the use of the Platform or any Home Exchange Agreement entered into between Users.
12.
Intellectual Property
a.
Swapsy retains all intellectual property rights, including any content or materials provided on the Platform.
b.
Users agree not to use, reproduce, modify, or distribute any content from the Platform without the prior written consent of Swapsy.
13.
Modifications And Termination
a.
Swapsy reserves the right to modify, suspend, or terminate the Platform at any time without prior notice.
b.
Swapsy may modify these Terms from time to time, and any changes will be effective immediately upon posting the revised Terms on the Platform.
14.
Governing Law And Dispute Resolution
a.
These Terms shall be governed by and construed in accordance with the laws of the courts of New South Wales, Australia.
b.
Any dispute arising out of or in connection with these Terms shall be resolved through negotiation in good faith between the parties.
c.
If the parties are unable to reach a resolution through negotiation, the dispute shall be submitted to binding arbitration in accordance with state or national Arbitration Rules and Procedures.
15.
Contacting Us
Swapsy welcomes your comments regarding these Terms. If you have any questions about these Terms and would like further information, please contact us during business hours Monday to Friday.
