Terms of Use

Last updated on 07/09/2024

Welcome to HomeSwap! By using our website, mobile application, and services, you agree to be bound by these Terms of Use (the 'Terms'), which form a legally binding contract between Travish Holidays LLP and you. These Terms govern your access to and use of HomeSwap.in and any affiliated sites, along with our services. Please read these Terms carefully before using our Platform. They include important information about your legal rights and obligations, including limitations on our liability to you and a mandatory arbitration clause. If you do not agree with these Terms, you should not use our services.

BY CONTINUING TO ACCESS OR USE THE PLATFORM AS A VISITOR OR MEMBER, YOU ACCEPT THESE TERMS.

TABLE OF CONTENTS

GENERAL USE OF THE PLATFORM
DEFINITION OF TERMS
MEMBERSHIP RULES
HOMESWAP SERVICES
PAYMENT RATES AND TERMS
INSURANCE
PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
CONFIDENTIALITY
LINKS TO OTHER WEBSITES
WARRANTY DISCLAIMER
LIABILITY
WAIVER OF RESPONSIBILITY
DISPUTE RESOLUTION
MISCELLANEOUS

I. GENERAL USE OF THE PLATFORM

Your use of the Platform is conditional on your compliance with these Terms. When using the Platform, you agree to:

Provide accurate and truthful information when creating an Account and in all communications with Guests, Members, and Homeswap.
Avoid creating multiple or false accounts.
Refrain from posting or transmitting any material or communication that is defamatory, inaccurate, abusive, obscene, offensive, sexual in nature, threatening, harassing, racist, illegal, or any material that infringes or violates the rights of others, including intellectual property rights and privacy rights.
Comply with all applicable laws and not engage in any conduct that discriminates against other Members, Newcomers, or third parties, involves fraudulent transactions, or exposes Guests, Members, or HomeSwap to civil or criminal penalties.
Avoid uploading or transferring files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may damage the operation of or gain unauthorized access to another person’s computer.
Refrain from accepting payments from third parties in exchange for conducting commercial activities on the Platform without the express authorization of HomeSwap.
Respect the integrity of other Members' Accounts, and avoid circumventing measures designed to prevent or restrict access to the Platform, or using spiders, bots, or "scrapers" to collect content from the Platform or Members.
Obtain consent before collecting or using information about other people, including email addresses.
Not exchange any Property outside the Platform when that Property is listed on the Platform.
Adhere to all other rules and prohibitions set forth in these Terms.

You also agree to:

Assume full responsibility for your use of all information on the Platform.
Confirm that you have the authority to enter into this Agreement, publish your listing, and offer your Property for Exchange.
Take sole responsibility for your communications and relationships with other Members.
Acknowledge that HomeSwap has the right, but not the obligation, to monitor use of or access to the Platform to ensure the safety of Members and compliance with these Terms and applicable laws. Members agree to cooperate with and assist HomeSwap in good faith by providing related information and taking any other action reasonably requested by HomeSwap regarding any investigation by HomeSwap or any legal authority regarding misuse of the Platform.
Immediately report any Member who you believe in good faith is violating these Terms or has acted inappropriately or illegally to HomeSwap and, if appropriate, to the relevant legal authorities. Reporting to HomeSwap or legal authorities does not obligate HomeSwap to respond in any particular way, except as required by law.

Additionally:

Any web address or URL must be approved by HomeSwap. Email addresses and other contact information may only be found in approved locations in the Listing. All other references to specific web addresses, websites, email addresses, or phone numbers may be restricted.

II. DEFINITION OF TERMS

“Account”: The account created to allow an individual to become a Member and access the Services offered by the Platform.

“Deposit”: The security deposit detailed in Section IV.

“Exchange”: The exchange of Property between a Host Member and a Guest Member.

“GuestPoints”: The points accumulated by Members by listing their Property with HomeSwap and using it to book other properties listed for exchange on the platform. The operations are explained in Section __.

“Host Member”: A Member who offers their Property as part of an Exchange.

“Guest Member”: A Member who enters into an Exchange with a Host Member.

“Listing”: Any Property listed on the Platform by a Member, including User Content used to describe the Listing. Each listing has a unique identification number on the Platform.

“Member”: Any individual who signs up to the Platform and agrees to these Terms.

“Property”: Any permanent residential property that a Member has the legal and/or contractual right to offer through the Platform.

“Verified Member”: A Member whose Property address and identity (first and last name) have been verified by HomeSwap with proof of identity and proof of ownership or legal/contractual right of the listed Property.

" HomeSwap Service": The Services provided by HomeSwap to Members, as described in Section IV.

"Warranties": Compensation for Covered Damages by HomeSwap under the terms and conditions herein.

"We", "our", and "us": Refers to HomeSwap.

"You" and "your": Refers to you, a Member who uses the Platform in any way by accessing the Websites, the App, or the Services.

III. MEMBERSHIP RULES

General Rules

Members are prohibited from allowing others to use their account or using their account for the benefit of others, such as registering an exchange for someone outside their household.
Accounts cannot be transferred or given to another person or entity without express permission from HomeSwap.

1. CREATION OF AN ACCOUNT

1.1 Personal Information: To register on the Platform, members must create an account by providing personal information such as first and last name, date of birth, phone number, and email address. Only one account is allowed per household, but adult members of the household can be authorized users.

1.2 Account Accuracy: Members must keep their account information up-to-date at all times. HomeSwap is not responsible for erroneous or fraudulent information provided by members.

1.3 Eligibility Requirements:

Members must be at least 18 years old.
Members must have the legal or contractual right to offer the property via the Platform and maintain this right during their use.
Members must have the capacity to enter into an exchange.

1.4 Exclusive Use: An account is for personal and exclusive use only and cannot be created for business or commercial purposes. HomeSwap reserves the right to refuse account registration at its sole discretion.

1.5 Account Security:

Members provide an email and password upon registration, which can only be changed upon request.
Members are responsible for keeping their login information confidential and for any actions taken through their account, whether fraudulent or not.
HomeSwap is not liable for identity theft. Members must notify HomeSwap immediately if they suspect unauthorized use of their account.

1.6 Single Account Rule: Members may only create and use one account. Exceptions require prior written approval from HomeSwap. Violations may result in account suspension or termination.

1.7 Member Status: Members are not considered employees, agents, joint ventures, or partners of HomeSwap and act solely for their own benefit.

1.8 Third-Party Registration: If registering through a third-party social network service, members can disable the connection in their account settings.

2. ACCOUNT VERIFICATION

2.1 Verification Process: Upon account creation, HomeSwap verifies the member's name, address, phone number, and email address. Members must provide proof of address and identification. HomeSwap reserves the right to accept or reject documentation.

2.2 Automated Verification: Phone numbers and email addresses are verified automatically. Verified information is displayed in the member's profile.

2.3 Verified Member Status: Verification indicates that a member's information has been authenticated but does not guarantee the accuracy or authenticity of content or listings. HomeSwap provides no guarantees regarding verified members or their listings.

3. LISTINGS

3.1 Listing Accuracy: Host members must keep their listings current and accurate, including user content, description, location, availability dates, deficiencies, restrictions, and any other required information.

3.2 Unique Listings: A property can only appear on one member's account, even if multiple people have rights to it. Listings may not contain hyperlinks.

3.3 Compliance: Listings must not contradict these Terms. HomeSwap may require specific information and format for listings.

3.4 Search Results: The position of listings in search results may vary based on several factors. HomeSwap does not guarantee specific positions in search results.

3.5 Legal Compliance: Host members must ensure their listings and exchanges comply with all applicable laws, agreements, and regulations. They are responsible for informing guest members about any security devices.

3.6 Responsibility: Host members are responsible for their actions and omissions, as well as those of anyone present in the property, except the guest member and their guests. Surveillance cameras or recording devices are prohibited in private areas.

4. CLOSING AN ACCOUNT

4.1 By HomeSwap: HomeSwap may close a member's account for violations of these Terms or other rules, misconduct, or legal violations. This may include limiting access, deleting content, or closing the account without warning or compensation. Account closure does not waive HomeSwap’s right to claim damages.

4.2 Inactivity: HomeSwap may terminate inactive accounts and delete associated information.

4.3 By Member Request: Members can request account closure at any time if certain conditions are met:

Unused points credited by HomeSwap.
Deposited dates not booked for exchange. Members can either pay for used points or wait for their dates to be utilized before closing the account. Account closure cancels all future exchanges, but ongoing exchanges must be completed before closure. No refunds will be issued for amounts paid. Members must fill out a form to cancel an account.

Liability and Indemnification

HomeSwap is not liable for any actions or statements made by third parties through a member's account.
Members agree to indemnify and hold HomeSwap harmless from any claims or damages arising from their use of the Platform.

IV. HOMESWAP SERVICES

HomeSwap offers a variety of services to enhance the user experience on our platform. These services include:

Management and Execution of Exchanges
1. Overall Description: HomeSwap provides a platform that facilitates the exchange of properties between members. Host Members can publish listings of their properties, and Guest Members can review these listings and reserve properties for exchange. HomeSwap acts as a mediator but not as a real estate broker or agent.
2. Contractual Relationship: When an exchange is executed, it constitutes a contract directly between the Host Member and the Guest Member. HomeSwap does not become a party to any exchange, except as explicitly provided herein.
3. Limited Authorization: An exchange grants a Guest Member limited authorization to enter, occupy, and use the property for a specified period. Host Members reserve the right to re-enter the property as permitted by applicable law.
4. Obligations: If a Guest Member fails to vacate the property at the end of the exchange period, they agree to pay for each additional 24-hour period they remain in the property. This compensation may be deducted from the Guest Member's security deposit.
5. GuestPoints: Exchanges are facilitated using GuestPoints, which members earn by making their properties available for exchange. The number of GuestPoints required for an exchange varies based on the property's features and location.
6. Liability and Indemnification: HomeSwap is not liable for any disputes, claims, losses, injuries, or damages that may arise during an exchange. Members agree to indemnify and hold HomeSwap harmless from any such claims or damages.
Messaging Service
1. HomeSwap provides an integrated messaging service that allows members to communicate securely and efficiently. This service facilitates the planning and coordination of exchanges and helps resolve any issues that may arise during the process.
2. Liability Disclaimer: HomeSwap is not responsible for the content of messages exchanged between members and does not guarantee the accuracy or reliability of any information shared through the messaging service. Members are solely responsible for their communications and any resulting consequences.
Verification Service
1. Account Verification: When a new account is created, HomeSwap verifies the member's identity, address, phone number, and email address. This verification process helps ensure the safety and reliability of our community.
2. Verified Member Status: Members whose identities and properties have been verified receive a "Verified Member" status on their profiles. This status indicates that the member's information has been authenticated, though it does not guarantee the accuracy or authenticity of any content or listings provided by that member.
3. Liability Limitation: HomeSwap does not guarantee the accuracy of the verification process and is not liable for any false or misleading information provided by members. Members are responsible for conducting their own due diligence before entering into exchanges.
Deposit Management
1. Security Deposits: HomeSwap manages security deposits required for exchanges. These deposits provide a financial guarantee for Host Members against potential damages or losses incurred during an exchange. The specific terms and conditions related to security deposits are detailed in the relevant section of these Terms.
2. Deposit Claims: In case of a dispute over the security deposit, HomeSwap will mediate between the parties but is not liable for the outcome. Members agree to resolve any deposit-related disputes directly with each other.
24/7 Emergency Assistance
1. Personalized Support: HomeSwap offers round-the-clock emergency assistance to members. This service provides immediate support for any urgent issues that may arise during an exchange, ensuring that members can enjoy a safe and hassle-free experience.
2. Limitation of Liability: HomeSwap’s emergency assistance service is provided on a best-effort basis. HomeSwap is not liable for any failure or delay in providing emergency support or for any consequences resulting from the use of this service.

V. PAYMENT RATES AND TERMS

Fees: Members are responsible for paying any applicable fees for listing and exchanging Properties on the Platform along with applicable taxes.
Payment Processing: Payments are processed through secure third-party payment processors.
Cancellation and Refunds: Cancellation policies and refund terms vary and are outlined in the individual Listing agreements.

VI. INSURANCE

Insurance Requirements: Host Members must obtain and maintain valid homeowners, renters, or other necessary insurance as required by law in connection with the exchange and any related equipment. This insurance must be effective and valid for the entire duration of the exchange.
Consequences of Non-Compliance: Failure to maintain the required insurance may result in the immediate cancellation of the Host Member's account.
Proof of Insurance: HomeSwap reserves the right to request proof of insurance and any other relevant information from Host Members at any time. Host Members must promptly provide accurate information and proof of insurance upon request. Failure to respond or provide accurate information may result in account cancellation.
Member Responsibility: It is the responsibility of each Member to review and understand their own insurance coverage and the coverage provided by any other Member with whom they are participating in an exchange. This includes coverage for property and liability insurance.
Compliance with Insurance Agreements: Members are solely responsible for ensuring that their participation in an exchange does not violate any agreements or policies with their insurance providers. HomeSwap will not be held liable for any violations of insurance agreements or policies resulting from a Member’s participation in an exchange.

VII. PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM

Use Restrictions: The Platform and its content are for personal, non-commercial use only.
Prohibited Activities: Members are prohibited from engaging in activities such as sending spam, misusing the Platform, or violating any laws or regulations.

VIII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

1. USER CONTENT

Posting and Submission:
The Platform allows Members to post or submit various forms of content, including text, photographs, images, and other information ("User Content"). HomeSwap reserves the right to remove or refuse any User Content that does not comply with these rules or jeopardizes the safety of the Platform or other Members, without prior warning or notification.

Ownership and Licensing of User Content:
User Content remains the property of the original creator. By submitting or posting User Content on the Platform, you grant HomeSwap a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, modify, edit, enhance, display, and distribute this content. This license includes all associated copyrights and applies to any photographs, videos, images, and related information. These rights are granted free of charge, without any obligation for attribution of authorship or ownership. You represent and warrant that you have the legal right to grant these rights and licenses. Please ensure you have obtained permission from the original creator and any individuals depicted in the content before posting. HomeSwape may use your User Content without any obligation of confidentiality, attribution, or compensation to you.

Responsibility and Liability:
It is your responsibility to determine whether any User Content or information is protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights. Except for information in the public domain or for which you have express written permission, you agree not to upload, post, or transmit any content protected by these rights without the owner's explicit consent. You are solely responsible for any damages resulting from infringement of intellectual property rights or any other harm resulting from your submissions. You agree to indemnify, defend (at our request), and hold harmless HomeSwap from any claims or losses arising from your violation of this section. HomeSwap assumes no responsibility or endorsement for the conduct of Guests or Members or for the views, opinions, or statements expressed in any User Content on the Platform. Your use of the Platform and viewing of User Content is at your own risk.

Account Revocation:
HomeSwap reserves the right to revoke your use of or access to the Platform at any time, at its discretion, if we believe your conduct violates applicable laws or is detrimental to the interests of HomeSwap or its affiliates.

2. PLATFORM CONTENT

Nature of Platform Content:
The Platform includes various forms of content provided for your informational and general use, such as documents, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, and interactive features ("Platform Content").

Ownership and Licensing of Platform Content:
Except for User Content, all Platform Content is owned by HomeSwap or third parties from whom we license the content. This content is protected by copyright laws in India and other countries. All trademarks, logos, service marks, and trade names are owned, registered, and/or licensed by HomeSwap or its affiliates. You agree not to alter or remove any proprietary notices from documents downloaded or printed from the Platform.

Restrictions on Use:
You agree not to copy, modify, translate, display, distribute, upload, transmit, sell, redistribute, publish, or create derivative works from any Platform Content without our prior written consent, except for your own User Content that you are lawfully posting on the Platform.

HomeSwap App:
Subject to your compliance with these Terms, HomeSwap grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:

Download and use the App on your cell phone, tablet, or other personal device.
Access and view any Platform Content available on or through the Platform for your personal, non-commercial use.

IX. CONFIDENTIALITY

Non-Disclosure: Members agree to keep confidential information obtained through the Platform private and not disclose it to third parties.

X. LINKS TO OTHER WEBSITES

Third-Party Links: The Platform may contain links to third-party websites. HomeSwap is not responsible for the content or practices of these websites.

XI. LIMITED WARRANTY DISCLAIMER

Your Confidence in Using the Platform

Empowering Your Use
We want you to feel confident using the Platform. However, it's important to know that HomeSwap provides the Platform and the information available through it without warranties. This means that while we strive to offer accurate and helpful content, we cannot guarantee every detail or interaction will be flawless.

Ensuring Transparency
HomeSwap does not conduct background checks, request references, or independently verify Member information. While we use various tools and procedures to screen Members, we do not guarantee the accuracy or suitability of Listings, other Members, or any content on the Platform. You are encouraged to engage with other Members and Listings thoughtfully and responsibly.

Taking Charge of Your Experience
By using the Platform, you are in control of your interactions and Exchanges. Your use is voluntary, and while some Services may have inherent risks, you are choosing to participate fully informed and at your own discretion. The Platform and its features are provided "as is" and "as available."

Your Safety First
HomeSwap, along with its subsidiaries, affiliates, directors, managers, employees, agents, and license holders, strives to maintain a safe and enjoyable environment for all Members. While we cannot guarantee complete freedom from errors, viruses, bugs, or other harmful components, we are committed to providing a secure platform for your exchanges.

Accessible and Reliable Service
We aim to ensure the Platform is available and accessible to you at all times. However, there may be instances where maintenance or server protection measures could limit access temporarily. Rest assured, we work diligently to minimize disruptions.

Trustworthy Interactions
Opinions, advice, and statements available on the Platform but not directly from HomeSwap are those of their respective authors. While we do not guarantee the accuracy or completeness of third-party content, we encourage you to engage thoughtfully with the diverse perspectives shared on the Platform.

Your Safety and Our Commitment
HomeSwap values your safety and satisfaction. While we cannot be liable for every interaction, we encourage you to report any concerns, and we will take appropriate action to ensure a positive experience for all Members.

XII. LIMITATION OF LIABILITY

Scope of HomeSwap’s Liability

General Disclaimer of Liability

While we strive to provide an excellent service, we cannot guarantee that our Platform will always be free of errors or interruptions. To the fullest extent permitted by law, HomeSwap will not be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use of our Platform. However, nothing in these Terms will limit or exclude our liability for gross negligence, fraud, or intentional misconduct.

Responsibility for Key Exchanges The exchange of keys is solely and entirely the responsibility of the Owner. HomeSwap disclaims any liability associated with this process.

Limitation of Monetary Liability Except as expressly provided in these Terms, HomeSwap’s total liability arising out of these Terms and Members' use of the Platform or any Listing or Exchange is limited to the amount a Member has paid to HomeSwap, or one thousand Indian Rupees (INR 1,000) if no payment has been made. These limitations on compensation are fundamental elements of the agreement between HomeSwap and each Member.

Jurisdictional Limitations Some jurisdictions do not allow the disclaimer, exclusion, or limitation of certain warranties, liabilities, and damages. As such, some of the above disclaimers, exclusions, and limitations may not apply to you. In such jurisdictions, the liability of HomeSwap and its related parties shall be limited to the fullest extent permitted by applicable law.

Member Responsibilities By agreeing to these Terms, you acknowledge and accept that you are responsible for understanding and complying with your local laws and regulations that may apply to your use of the Platform, Listings, and participation in Exchanges. You agree to indemnify, defend, and hold harmless HomeSwap from any claims arising out of your use of the Platform, Listings, and Exchanges that violate such laws and regulations.

XIII. WAIVER OF RESPONSIBILITY

Release of Liability

You agree to release HomeSwap from any responsibility for injuries or damages suffered directly or indirectly as a result of your use of your property, a Guest Member's use of your property, or your use of a Host Member's property. This includes, but is not limited to:

Claims of Injury or Damage:
- Any claim of injury or damage to any person or property arising out of the use of property owned by you.
- Any claim of injury or damage to any person or property arising out of a real estate transaction in which you are a party, including claims by a Guest's guests, including minors.
Violation of Terms:
- Any violation of these Terms of Use or the Privacy Policy committed by you or anyone using your computer or account.
Third-Party Rights Violations:
- Any claim that your use of the Platform, or use by anyone using your computer or account, violates the rights of a third party.
Misrepresentation and Misuse:
- Any misrepresentation by you or any misuse of the Platform.
Interactions with Other Members:
- Any claim arising out of any interaction you have with another Member or their guests, whether or not in connection with the Platform, including any breach of any Exchange or other agreement to be performed by you.
Legal Violations:
- Your violation of any law, rule, or regulation of any applicable jurisdiction.

Costs and Expenses You agree to pay all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs assessed or otherwise incurred by HomeSwap in connection with or arising out of any claim, suit, action, or proceeding attributable to such claim.

XIV. DISPUTE RESOLUTION

1. Third-Party Disputes and Exemption You are solely responsible for any claims, demands, or damages arising from breaches of third-party agreements or obligations to which you or your property are subject. This includes, but is not limited to, licenses, leases, insurance policies, homeowners association bylaws, condominium or cooperative board rules, and state and local laws. You release HomeSwap from all claims, demands, and damages (both actual and consequential) of every kind and nature, known and unknown, arising out of any third-party agreement or obligation related to you or your property.

2. Arbitration Agreement If you have a dispute with HomeSwap, you agree to first allow HomeSwap an opportunity to resolve it. This section applies specifically to disputes between you and HomeSwap under these Terms or our Privacy Policy, and not to disputes between you and other Members or Guests. To initiate this process, submit a written description of your dispute using the form available [here]. If the dispute is not resolved within sixty (60) days, you agree to proceed with arbitration.

To the extent permitted by law, any unresolved dispute between you and HomeSwap related to these Terms or our Privacy Policy shall be resolved by arbitration in Pune, Maharashtra, India. The arbitration will be conducted by an impartial arbitrator from a list provided by the Indian Arbitration Association, in accordance with the commercial arbitration rules of the Arbitration and Conciliation Act, 1996, and its amendments.

Individual Arbitration Only All claims will be arbitrated on an individual basis and will not be consolidated with any other party's claims. You or HomeSwap may seek interim relief from a court of competent jurisdiction in Pune, Maharashtra, to protect rights and property pending the arbitration outcome.

Arbitration Process The arbitration shall be conducted in English. The arbitrator may grant any compensation available in court, but cannot award punitive or exemplary damages. The arbitrator's decision, including a written explanation, will be final and binding and will remain confidential.

Enforceability If any part of this arbitration agreement is found unenforceable, the remaining terms will still apply. Claims must be filed within one (1) year of occurrence, or they will be permanently barred.

Jurisdiction If arbitration does not apply to a particular claim, it shall be resolved exclusively in a state or federal court in Pune, Maharashtra, with both parties submitting to the court's jurisdiction. The prevailing party in any action arising from this Agreement is entitled to recover costs and fees, including expert witness fees, attorney's fees, and arbitrator's fees.

3. Waiver of Jury Trial and Class Action Both HomeSwap and Members waive the right to a jury trial for disputes submitted to arbitration. Additionally, they waive the right to participate in any class action, class arbitration, private attorney general action, or other representative proceeding. No arbitrator may preside over a class or representative proceeding. If this waiver is found inapplicable, the entire Arbitration Agreement becomes null and void for that dispute.

4. Compliance and Limitation of Services The Platform and its content are designed to comply with the laws and regulations of India. HomeSwap reserves the right to limit services to any person, geographic area, or jurisdiction and to limit the quantities of any service provided. Any service offer on the Platform is void where prohibited.

XV. Data Protection and Privacy

"To respect your privacy and protect your personal data, we adhere to the highest data protection standards. Our Privacy Policy, which complements these Terms, outlines how we collect, use, and safeguard your information. Please review our Privacy Policy to understand our practices. By agreeing to these Terms, you also accept the terms of our Privacy Policy."

XVI. MISCELLANEOUS

1. Applicable Law These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of India. Any legal action arising from a dispute between a Member or Guest Member regarding the Platform shall be brought exclusively in Pune, Maharashtra, India. Notwithstanding the foregoing, as a consumer, you will benefit from all mandatory provisions of the law of the country where you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

2. Severability If any part of these Terms is found to be unlawful, invalid, unenforceable, or prohibited by any applicable law or regulation, that provision or part shall be deemed not to be a part of the contract between us. The legality, validity, or enforceability of the remaining provisions of these Terms shall remain in full force and effect.

3. No Waiver No failure or delay by HomeSwap in exercising any right, power, or privilege under these Terms shall constitute a waiver of such right, power, or privilege. Additionally, no single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

4. Headings The headings in these Terms are for convenience only and have no legal or contractual effect.

5. Assignment HomeSwap may assign its rights under this Agreement without your prior consent and without notice to you. You may not assign these Terms without the prior written consent of HomeSwap.

6. Amendments HomeSwap reserves the right to modify, delete, or supplement these Terms at any time, with or without notice. The date on which these Terms were last updated appears at the top of this document. Any changes are effective immediately. Please review these Terms of Use each time you access or use this site.

7. Entire Agreement These Terms (including the Privacy Policy) constitute the entire agreement between HomeSwap and you regarding the subject matter herein. These Terms (including the Privacy Policy) supersede all prior or contemporaneous representations, discussions, negotiations, letters, proposals, agreements, exchanges, and understandings between you and HomeSwap with respect to the subject matter herein, whether written or oral.

8. Contact Us If you have any questions or concerns regarding these Terms, please contact us by filling out the form available [here], or write to us at the provided address.

9. Force Majeure

a) Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to any cause beyond the reasonable control of that party, including but not limited to acts of God, war, strikes, lockouts, industrial action, civil commotion, pandemics (including but not limited to COVID-19), government restrictions or regulations, fire, flood, earthquake, or any other natural disaster.

b) The party affected by a force majeure event shall:

i. Promptly notify the other party in writing of the nature and extent of the force majeure event causing its failure or delay in performance.

ii. Take all reasonable steps to mitigate the impact of the force majeure event and to resume full performance of its obligations under this Agreement as soon as reasonably practicable.

c) If the force majeure event continues for more than 60 days, either party may terminate this Agreement by giving 30 days' written notice to the other party without any liability other than the payment of any accrued obligations prior to the force majeure event.

10. Additional Provisions

Members must be at least 18 years old and capable of entering into legally binding contracts to use the Platform. By accessing the Platform, Members represent and warrant that they meet these requirements.
Our services are subject to restrictions based on the laws of various countries. Members agree to comply with their local laws and represent that they are not located in, nor citizens of, countries under government embargo or sanctions, nor are they listed as prohibited or restricted by any government.
Members are responsible for their own decisions regarding hosting, exchanging, and traveling. Government advisories should be consulted for safety information about specific destinations, and HomeSwap is not responsible for such advisories.
Periodic updates to these Terms may occur, and continued use of the Platform implies acceptance of the changes. If you disagree with the updated Terms, you must discontinue use of the Platform. Notifications of changes will be sent via email and indicated by the “Last Updated” date at the top of the Terms.
Members are responsible for understanding and complying with applicable laws, rules, and regulations when offering their property for Exchange, including any required licenses, permits, or registrations. HomeSwap does not provide legal advice, so independent legal counsel should be sought if needed.
Host Members must provide and communicate all necessary information to Guest Members for the proper use of the property and its features.

This document, including any documents referred to herein, represents the entire agreement between you and HomeSwap regarding your use of the Platform. If you have questions or concerns about these Terms, please contact us through our customer support channels.