These terms and conditions cover resident use of the House Exchange service. Landlord Users should refer to the Terms and Conditions within the House Exchange Contract and as a partnering landlord, you agree to your use of House Exchange as defined within your Contract.
The www.HouseExchange.org.uk website (the "Services") is provided in partnership by Clarion Housing Group Limited and 101 Smart Limited. Clarion Housing Group Limited is a charitable registered society (Reg No 28038R), registered with the regulator of social Housing (Reg No LH4087) and VAT number 675 646 394) whose registered office is at Level 6, 6 More London Place, Tooley Street, London SE1 2DA.
All references to "House Exchange" throughout the Terms and Conditions mean reference to Clarion Housing Group Ltd and 101 Smart Ltd.
Use of the Service is governed by the Terms and Conditions of which we may change from time to time; these consist of:
These documents, can be found on our website at www.houseexchange.org.uk/information/terms and www.houseexchange.org.uk/information/privacy-statement.
These constitute as the entire agreement between us and any resident user of House Exchange (‘the Terms and Conditions’).
Please read these Terms and Conditions carefully before you start to use this website. By using the Service and/or registering to use the Service you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the website.
1.0 ‘Participating Resident’ is anyone who has registered to use the Services to swap homes.
2.0 Residents whose landlord is a Partnering Organisation with House Exchange and where their registration is approved by a Partnering Organisation shall not be charged for the use of the Service.
3.0 Residents whose landlord is not a Partnering Organisation with House Exchange are required to pay a charge to fully use the House Exchange site (Resident Charge). Participating Residents can register and use parts of the service for free but will be asked to pay before enabling contact (through the House Exchange messaging facility) with other residents wishing to swap homes or before their home advert is made available to other residents.
Resident Charge is structured as:
3.1 Participating Residents paying by PayPal, credit or debit card have the option to make a ‘one-off’ payment. The payment will entitle the Participating Resident to use House Exchange for the period of time selected. If you have chosen to pay, you will be asked to pay again at the end of the subscription period. At this point you can choose any offered period of subscription.
3.2 The Participating Residents Charge is collected and processed through PayPal who take payments securely on our behalf. Please note, only a basic payment reference is stored from PayPal. We do not have access to your payment details. If you choose ‘Pay with my PayPal Account’ you must click the link in the PayPal form to return to House Exchange to ensure your registration is processed properly. We do not accept responsibility for you not being able to access our service if you do not click on this link. If there is a problem or if you experience any difficulty in accessing the Service, please contact us.
3.3 House Exchange may offer at any time discounts to all, or groups of residents, as it shall in its sole discretion deem fit.
3.4. For a period of fourteen (14) days from the day after the day you enter into a contract with House Exchange you may notify us that you wish to cancel the contract by contacting House Exchange at Reed House, Peachman Way, Broadland Business Park, Norwich, NR7 0WF, England, UK or by email to email@example.com and the Resident Charge shall be refundable to you in full (the "Cooling-Off Period") within fourteen (14) working days. Where you have made use of the Service (Use of the service defined as logged on and carried out a search) during the Cooling-Off Period, you are expressly requesting that House Exchange start the Service straight away and you are therefore waiving your right to cancel during the Cooling-Off Period.
3.5. For the avoidance of doubt, no refunds will be made for any Participating Resident who has utilised only a part of their subscription. No refunds will be given for any Participating Residents who have chosen to close their accounts prior to the end of their subscription period.
4.0 Where Participating Residents agree a mutual exchange between them they will be required to advise their landlord and ensure they have permission.
5.0 By accepting these Terms & Conditions you are providing consent for your landlord to amend or edit your details within the House Exchange service, for the purposes of assisting you in maximising the use of the service, as deemed appropriate by the partnering landlord and adhering to the Terms & Conditions as stated.
6.0 The services provided by House Exchange consist of:
(i) the provision of this website; and
(ii) where a user is a Participating Resident, the provision of a matching service that identifies potentially suitable property to secure a mutual exchange between social housing residents; you acknowledge that the extent of the Service is to introduce parties in respect of property exchange and facilitate communication in respect thereof. House Exchange offers no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful exchange. Moreover, House Exchange 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.
7.0 You acknowledge that House Exchange publishes information and other materials provided to it by third parties. House Exchange does not therefore make any representations or warranties, and disclaims all liability, regarding the accuracy, completeness and suitability of the information and other materials published by the Service and any reliance placed on such materials.
7.1 The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, House Exchange, and any of its officers, servants and agents contributing to the Service hereby expressly exclude:
8.0 While House Exchange endeavours to ensure that this Service is normally available 24 hours a day, access to this Service may be suspended temporarily and without notice. House Exchange 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. From time to time, House Exchange may restrict access to some parts of our Service. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of security procedures, you must treat such information as confidential, and you must not disclose it to any third party. House Exchange reserves the right to disable any user identification code or password, whether chosen by you or allocated by House Exchange, at any time, if in House Exchange's opinion you have failed to comply with any of the provisions of these Terms and Conditions. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these terms, and that they comply with them.
9.0 We aim to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and House Exchange are under no obligation to update such material.
10.0 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 exclude or limit House Exchange's liability to you for death or personal injury resulting from House Exchange's negligence or that of its employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any liability which cannot be excluded or limited under applicable law.
11.0 Where the website contains links to other sites and resources provided by third parties, these links are provided for information only. House Exchange is not responsible for the content of these sites and accepts no responsibility for them or any loss or damage that may arise from your use of them, nor does the presence of a link constitute an endorsement of or statement about the site linked to.
12.0 You may link to the House Exchange home page, provided you do so in a way that is fair and legal and does not damage House Exchange's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on House Exchange's part when none exists. You must not establish a link from any website that is not owned by you. The House Exchange website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the House Exchange website other than set out above, please address your request to firstname.lastname@example.org
13.0 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 House Exchange 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 House Exchange service may be revoked at House Exchange's sole discretion. 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. House Exchange reserves the right to withdraw any material posted on the website without notice or formality.
14.0 You are requested not to upload photographs that contain images of minors. House Exchange reserves the right at its sole discretion to remove any images it deems inappropriate.
15.0 This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
15.1 If you wish to complain about content uploaded by other users, please contact us.
16.0 Any material you upload to the website will be considered non-confidential and non-proprietary, and House Exchange have the right to use, copy, distribute and disclose to third parties any such material as stated within our Privacy Notice and in the performance of a contract. House Exchange will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.
17.0 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 House Exchange (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.
18.0 You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. House Exchange will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately. House Exchange will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.
19.0 You acknowledge that the ownership of any intellectual property rights (including but not limited to copyright) in this website and any material published on it belong to House Exchange and all such rights in respect of the contents are controlled by House Exchange. You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others to material posted on the website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. House Exchange's status (and that of any identified contributors) as the authors of material on the website must always be acknowledged. You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from House Exchange or our licensors. If you print off, copy or download any part of the website in breach of these Terms and Conditions, your right to use the website will cease immediately and you must, at House Exchange's option, return or destroy any copies of the materials you have made.
20.0 House Exchange reserves the right to amend the Terms and Conditions, the Services and the website at any time as House Exchange 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 House Exchange, Reed House, Peachman Way, Broadland Business Park, Norwich, NR7 0WF, England, UK. It is your responsibility to check 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).
22.0 House Exchange reserves the right to withdraw some or all rights from any user as it shall in its sole discretion deem fit.
23.0 House Exchange Services are only available to persons who are capable of forming a legally binding contract and only to persons resident within the United Kingdom and in accepting these Terms and Conditions you are declaring that you are capable of forming a legally binding contract and that you are resident within the United Kingdom.
24.0 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.
25.0 For the avoidance of doubt clauses 14.0, 17.0 and 27.0 hereof shall survive termination hereof.
26.0 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.
27.0 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their 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. The parties hereby submit to the exclusive jurisdiction of the English Courts over any claim arising from, or related to, a visit to the website (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
28.0 If you have registered to use House Exchange then we will keep your data (unless you request otherwise) for 12 months (the retention period) after you are deactivated for use on the service.
29.0. After the expiry of the retention period, your data will be deleted or anonymised.
30.0 House Exchange enables Participating Residents to send messages to each other via the House Exchange website internal messaging system. Please be aware that where you are obtaining free access to the Service as a result of your landlord paying for your use, your landlord may be able to see the messages that you have sent to a resident registrant.
(ii) Harassment and Violations
(iii) Personal safety online and during viewings
Avoid sharing any further personal details unless in circumstances such as arranging a property viewing and ONLY when you feel safe to do so;
For more information and advice on personal safety please visit the Suzy Lamplugh Trust website: https://www.suzylamplugh.org/