Welcome to swapmycitypad.com. Any access to or use of this Website is governed by the terms and conditions of use set out below (
"Terms and Conditions"), our Privacy Policy and Rules. Access to or use of this Website implies your agreement and acceptance of these Terms and Conditions, our Privacy Policy and Rules. If you do not accept these Terms and Conditions, our Privacy Policy and/or Rules,
please do not proceed any further and leave this Website immediately.
This Website is a user generated content website whereby individuals may register for Swap My City Pad Ltd's home exchange service. This Website is for access by Users and use by the Bronze, Silver and/or Gold Members and is operated by Swap My City Pad Ltd ("Swap My City Pad", "we", "our", "us") whose registered office is at 72 Napier Road, London, E11 3JZ. Our email address is info@swapmycitypad.com.
1. Definitions
1.1. "Account" means the account created on Registration for Membership of this Website by a User.
1.2. "My City Blog" means an online facility for posting general comments accessible only by the Bronze, Silver and/or Gold Members.
1.3. "Bronze Member" or "Bronze" means Registration by a User on this Website for our Bronze level Membership.
1.4. "Content" means all text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features contained on this Website, including the Materials.
1.5. "Gold Member" or "Gold" means Registration by a User on this Website for our Gold level Membership.
1.6. "Housebook" means an organised set of information on the security of the Property, exchange of keys, agent details, emergency contact details, instructions on use of appliances and any additional information pertaining to the Property.
1.7. "Intellectual Property Rights" or "IPRs" mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights).
1.8. "Materials" mean any and all information relating to a Bronze, Silver and/or a Gold Members Property, photographs, text, Private Profiles, Public Profiles, comments, images, documents, graphics, digital files, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features and/or other content Uploaded by the Bronze, Silver and/or Gold Members.
1.9. "Media" means any and all multi media channels, videos, photographs, animations, sound and music contained on this Website.
1.10. "Membership" means when the Bronze, Silver and/or Gold Members gain membership on Registration and payment of the Subscription Fee with full access to and/or use of the Services on this Website. For the avoidance of doubt, Swap My City Pad may run promotions as advertised from time to time. During certain promotional periods Users may gain membership to this Website as a Silver or Gold Member on Registration without the payment of the Subscription Fee.
1.11. "Networks" mean the different networks available to Gold Members as detailed in Clause 3.5.
1.12. "Silver Member" or "Silver" means Registration by a User on this Website for our Silver level Membership.
1.13. "Parties" mean the User, Bronze, Silver and Gold Members.
1.14. "Privacy Policy" means the privacy policy [Privacy Policy URL Link]
1.15. "Private Profile" means the Bronze, Silver and/or the Gold Members personal details and site preference settings managed via the Bronze, Silver and/or Gold Members "My Account" accessed via secure login.
1.16. "Property" means a property owned/rented by the Bronze, Silver and/or Gold Members.
1.17. "Public Profile" means the profile of the Bronze, Silver and/or Gold Members containing the following information: Property type, full address, continent, number of bathrooms, number of bedrooms, number of individuals capable of sleeping comfortably and other information in respect of the Property.
1.18. "Registration" means the registration by the User on this Website to become a Bronze, Silver or Gold Member and the option to create the Bronze, Silver and/or Gold Members Private Profile and/or Public Profile under the "Profile" section of this Website.
1.19. "Rules" mean the basic rules which the Parties must adhere to when accessing or using this Website respectively. Read our Rules here: [Rules URL Link].
1.20. "Services" means the home exchange service offered by Swap My City Pad as set out in Clauses 7, 8, 9 and 10.
1.21. "Subscription Fee" means the fee payable to Swap My City Pad in accordance with Clause 4.7.
1.22. "Upload" means uploading of Materials by the Bronze, Silver and/or Gold Members onto this Website.
1.23. "User" or "you" means a user accessing this Website via a computer or mobile device. The user's access to this Website will be limited to viewing Content only. In order to Upload Materials onto this Website, the user will have to go through the Registration process on this Website to become a Bronze, Silver or Gold Member. The user may also represent a local organisation or community, in which case the user takes full responsibility for that representation.
1.24. "Website" means the website with URL www.swapmycitypad.com.
2. Your Acceptance
2.1. These Terms and Conditions are the legally binding terms and conditions upon which the User, Bronze, Silver and/or Gold Members may gain access to this Website. The User, Bronze, Silver and/or Gold Members accessing, using and/or Uploading Materials respectively onto this Website will be bound by the following:
2.1.1. The Terms and Conditions found at [Terms and Conditions URL Link]
2.1.2. The Privacy Policy found at [Privacy Policy URL Link] and incorporated into these Terms and Conditions by reference; and
2.1.3. The Rules found at [Rules URL Link] which are also incorporated into these Terms and Conditions by reference.
2.2. The Bronze, Silver and/or Gold Members will be required to accept these Terms and Conditions before the Registration process is completed; thereby forming a valid contract with Swap My City Pad.
2.3. Swap My City Pad reserves the right to amend or revise these Terms and Conditions, the Privacy Policy and/or Rules at any time and at Swap My City Pad's sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms and Conditions, Privacy Policy or Rules. Access to and/or use of this Website after the Terms and Conditions, Privacy Policy or Rules have been updated, constitutes acceptance of the updated versions.
2.4. The User must be over the age of 21 and the User affirms that the User is over 21 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the User accesses this Website). The User under the age of 21 will not be permitted full Membership (i.e. a Private Profile or a Public Profile). Users must at all times be honest about their ages on Registration. If it is proved that the User has given false information in order to become a Bronze, Silver and/or Gold Member, that User will be barred for life from registering as a Bronze, Silver and/or Gold Member of this Website.
2.5. Only Users, Bronze, Silver and/or Gold Members that are permitted under the laws of the jurisdiction in which they access this Website shall be permitted to accept these Terms & Conditions and continue using this Website.
2.6. The User will receive a confirmatory e-mail upon the completion of the Registration process. Upon receipt of the confirmatory e-mail by the User, the User will be bound by these Terms and Conditions as a Bronze, Silver and/or Gold Member.
3. Services and Use of this Website
3.1. This Website allows the Bronze, Silver and/or Gold Members to Upload Materials onto this Website for the purpose of the Services offered by Swap My City Pad on this Website.
3.2. This Website contains a Registration process in order for the Bronze, Silver and/or Gold Members to create a Private Profile, a Public Profile and/or to Upload Materials onto this Website.
3.3. This Website allows the Gold Member an additional benefit to be able to register for the Networks.
3.4. There are a number of main sections on this Website (For the avoidance of doubt, the main sections of the Website are subject to change from time to time):
3.4.1. Front Page - The first page that opens on visiting this Website;
3.4.2. About Swap My City Pad - Overview of what this Website does and for whom;
3.4.3. Registration - Link to join Swap My City Pad as a Bronze, Silver or Gold Member;
3.4.4. Search Property - Link to search all Properties on this Website;
3.4.5. Search Members - Link to search for Bronze, Silver and/or Gold Members on this Website;
3.4.6. Basic and advanced search functions including search results;
3.4.7. My City Page (General Information - Nightlife, Theatre, Pubs, Bars, Comedy and Other);
3.4.8. Media and Press;
3.4.9. News
3.4.10. Login - Link for the Bronze, Silver and/or Gold Members to login to gain access to the full functionality of this Website;
3.4.11. Submit information - Link for the Bronze, Silver and/or Gold Members to be able to Upload Materials;
3.4.12. My Account - Link to the Bronze, Silver and/or Gold Members Private Profile within which the Bronze, Silver and/or the Gold Members are able to manage all settings which include:
3.4.12.1. My Account Details (Login details and Password, Name, Address, E-mail);
3.4.12.2. About Me;
3.4.12.3. City Pad (Basic and Full Details);
3.4.12.4. Availability;
3.4.12.5. Housebook;
3.4.12.6. My City;
3.4.12.7. My City Blog;
3.4.12.8. Online Messaging System;
3.4.12.9. Swaps History;
3.4.12.10. Completed Swaps; and
3.4.12.11. Networks (Gold Members only).
3.4.13 Property Details - Basic and Full, About Me section, Available Dates, My City, My City Blog, Ratings and Feedback
3.4.14. Frequently asked questions;
3.4.15. Other advertisements - Swap My City Pad will carry content, location and category-specific advertising throughout this Website. Google Adsense may be a form of advertising on this Website;
3.4.15. Legal/Terms and Conditions/Privacy Policy;
3.4.16 Testimonials; and
3.4.17. Contact Page.
3.5. The Networks on this Website are not limited in scope. Networks will be added upon a request from Bronze, Silver and/or Gold Members. Swap My City Pad reserves the right to decline such a request from a Bronze, Silver and/or Gold Member.
3.6. The User, Bronze, Silver and/or Gold Members will be able to search for Properties using the basic search function by:
3.6.1. Location (Country and City);
3.6.2. Type of Property; and
3.6.3. Number of people able to sleep in the Property.
3.7. The Silver and/or Gold Members will be able to search for Properties using the "Advanced Search" function by:
3.7.1. Location (Country and City);
3.7.2. Type of Property;
3.7.3. Number of people able to sleep in the Property;
3.7.4. Reference Number;
3.7.5. Location Setting;
3.7.6. Duration;
3.7.7. Facilities;
3.7.8. Amenities;
3.7.9. Conditions;
3.7.10. Rating; and
3.7.11. Member of CHEC Travel.
4. Registration
4.1. When the User is asked to register on this Website to become a Bronze, Silver or Gold Member, the User:
4.1.1. Will be required to enter the User's first name, surname, e-mail address, date of birth, gender, contact telephone number, mobile telephone number, full address and password to create an Account;
4.1.2. Will be required to enter the Property type, full address, continent, number of bathrooms, number of bedrooms, number of individuals capable of sleeping comfortably and other information in respect of the Property to create an Account;
4.1.3. May click the relevant link to allow Swap My City Pad to contact the Bronze, Silver and/or Gold Members with potential news relating to Swap My City Pad;
4.1.4. Will accept these Terms and Conditions, Privacy Policy and Rules;
4.1.5. Will create a Housebook;
4.1.6. Will consent to the processing of the User's personal sensitive data; and
4.1.7. Will be required to complete the 'About Me' in the My Account section.
4.2. Once the User completes the Registration process, an e-mail will be sent to the User to validate the User's e-mail address. You must click on the link and this will validate your e-mail and take you to the login page of this Website.
4.3. In order to gain Membership and full access to and/or use of this Website at any time, the Bronze, Silver and/or Gold Members will have to enter username and password on the login page once the Bronze, Silver or Gold Members e-mail addresses have been validated.
4.4. On Registration, the User must provide accurate and complete information.
4.5. It is important that the Bronze, Silver and/or Gold Members keep the password secure and confidential.
4.6. Swap My City Pad will restrict the use of vulgar, inappropriate and offensive user names.
4.7. The Subscription Fee will be paid at the time of Registration by the Bronze, Silver and/or Gold Members. The Subscription Fee is as follows:
4.7.1. Bronze level Membership for one year: £0.00.
4.7.2. Silver level Membership for one year: £39.99.
4.7.3. Gold level Membership for one year: £49.99.
4.8. All prices are displayed in GBP.
4.9. Payment of the Subscription Fee is accepted by via Paypal. Paypal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MEASTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. Paypal also accepts payments by direct debit. Swap My City Pad does not at any material time have access to the Bronze, Silver and/or the Gold Members card payment details.
4.10. Once the Bronze, Silver and/or the Gold Members have paid the Subscription Fee, this will allow the Bronze, Silver and/or Gold Members an annual Membership. The rights granted by such Membership and the Services on this Website are as provided in accordance with these Terms and Conditions.
4.11. Upon expiry of the Silver and/or Gold Members Membership, the Silver and/or Gold Members will be reclassified as a Bronze Members. The Silver and/or the Gold Members will be required to renew the Membership to use the Services as detailed in Clauses 9 and 10 respectively. The Silver and/or the Gold Members will be sent a reminder three months before Membership is due to expire reminding the Silver and/or the Gold Members of renewal of the Silver and/or Gold Members Membership in order to enjoy uninterrupted access to and/or use of the Services.
4.12. The Services are non-transferable and for use only by the individual subscribing to them. In the event that the Bronze, Silver and/or Gold Members share Membership details with a third party, Swap My City Pad reserves the right to terminate the Bronze, Silver and/or Gold Members Membership.
4.13. The Subscription Fee is non-refundable upon use of the Services by the Bronze, Silver and/or Gold Members.
5. Creation of a Profile
5.1. Once the Bronze, Silver and/or Gold Members have gained Membership, the Bronze, Silver and/or Gold Members will be able to create a Private Profile and have the option to create a Public Profile.
6. Swap My City Pad Membership Accounts
6.1. In order to Upload and/or use Materials on this Website, the User will first have to go through the Registration process to become a Bronze, Silver and/or Gold Member and create an Account.
6.2. In the event that the Bronze, Silver or Gold Members becomes aware of any unauthorised access to the Bronze, Silver or Gold Members Account, the Bronze, Silver and/or Gold Members must notify Swap My City Pad immediately by sending an e-mail to:info@swapmycitypad.com.
6.3. The Bronze, Silver or Gold Members will be solely accountable to Swap My City Pad for all activities taking place in connection with the Bronze, Silver or Gold Members' Accounts.
6.4. The Bronze, Silver and/or Gold Members will not be entitled to use another Bronze, Silver and/or Gold Members' Account without permission.
6.5. In the event that the Bronze, Silver and/or Gold Member breach any of these Terms and Conditions, the terms of the Privacy Policy and/or the Rules, Membership of this Website will be revoked immediately.
6.6. Swap My City Pad will not be liable to the Bronze, Silver and/or Gold Members for any losses incurred by the Bronze, Silver and/or Gold Members as a result of unauthorised use of the Bronze, Silver and/or Gold Members' Account. The Bronze, Silver and/or Gold Members may be liable to Swap My City Pad for any losses incurred by Swap My City Pad due to such unauthorised use by the Bronze, Silver and/or Gold Members.
7. User's access to this Website - The Services
7.1. The User may access this Website and view Content and Materials and/or search for Properties using the basic search function.
7.2. The User may search for Properties in accordance with Clause 3.6 above.
8. Bronze, Silver and/or Gold Members use of this Website - The Services
8.1. The Bronze, Silver and/or Gold Members may:
8.1.1. Access this Website and view Content and Materials and/or search for Properties using the basic search function;
8.1.2. Create a Private Profile and Public Profile under "My Account";
8.1.3. View Public Profiles of other Bronze, Silver and/or Gold Members;
8.1.4. Leave feedback about other Bronze, Silver and/or Gold Members, including feedback on whether the Bronze, Silver and/or Gold Members have temporarily exchanged a Property;
8.1.5. Use the My City Blog facility; and
8.1.6. Update and view 'My City' in the My Account section.
8.2. The Bronze, Silver and/or Gold Members will have to log into this Website in order to use this Website to Upload Materials and engage in any participatory activity other than viewing Content and Materials and/or searching for Properties.
8.3. For the avoidance of doubt, the Bronze Members will not be able to communicate fully with the Silver and/or Gold Members.
9. Silver and/or Gold Members use of this Website - The Services
9.1. The Silver and/or the Gold Members may:
9.1.1. Carry out all activities as listed in Clause 8.1;
9.1.2. Contact Bronze, Silver and/or Gold Members;
9.1.3. Use online home and/or car exchange agreements in respect of the Property (It should be noted that these agreements are NOT legally binding);
9.1.4. Recommend amenities local to the Property; and
9.1.5. Search for Properties using the advanced search functions in accordance with Clause 3.7 above.
10. Gold Member's use of this Website - The Services
10.1. The Gold Member may:
10.1.1. Carry out all activities as listed in Clause 9.1;
10.1.2. Join Networks;
10.1.3. Communicate with Gold Members in Networks; and
10.1.4. Search for Properties in Networks using the advanced search functions in accordance with Clause 3.7 above.
11. My City Blog
11.1. This Website has an associated blog facility and the Terms and Conditions and the Privacy Policy of this Website will apply equally to the use of My City Blog. The My City Blog facility will be governed by the Rules.
11.2 The content of My City Blog is subject to removal by Swap My City Pad without notice.
11.3 Bronze, Silver and/or Gold Members are able to request the removal of the content of their My City Blog facility by sending a request to info@swapmycitypad.com.
12. General access to and use of this Website - Permissions and Restrictions
12.1. Swap My City Pad grants the User access to and the Bronze, Silver and/or Gold Members permission to use this Website provided that:
12.1.1. The Parties act responsibly in accessing and/or using this Website and treat other Parties with respect;
12.1.2. The Parties do not alter or modify any part of this Website, including any related technologies;
12.1.3. The Bronze, Silver and/or Gold Members do not Upload Materials and/or use this Website through any unauthorised means or technology;
12.1.4. The User does not access Content through any unauthorised means or technology;
12.1.5. The Bronze, Silver and/or Gold Members do not exploit this Website by Uploading Materials for any commercial activity, without the prior written authorisation of Swap My City Pad. Commercial activity includes, but is not limited to:
12.1.5.1. Sale or access to this Website or its services on another website;
12.1.5.2. Sale of advertisements on ANY website targeted to the Materials Uploaded onto this Website or the Content;
12.1.5.3. Such other activities that Swap My City Pad may specify from time to time.
12.2. The Parties must not impersonate another person's identity or misrepresent the Parties' own identity or affiliation including using another's personal details, password, username, Account, photo, e-mail address or other such information held as part of the Bronze, Silver and/or Gold Members Profile.
12.3. For the avoidance of doubt, commercial activity does not include any use that Swap My City Pad expressly authorises in writing from time to time.
12.4. The Bronze, Silver and/or Gold Members must not Upload any copyrighted Materials owned by a third party and all Materials Uploaded by the Bronze, Silver and/or Gold Members must be original.
12.5. It is the responsibility of the Bronze, Silver and/or Gold Members to verify the Bronze, Silver and/or Gold Members' own insurance coverage and the coverage provided by the Bronze, Silver and/or Gold Members with whom they are temporarily exchanging the Property, including, but not limited to vehicle insurance, property insurance and liability insurance.
13. Access to and/or use of Content on this Website
13.1. In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to Parties accessing and/or using Content on this Website:
13.1.1. Swap My City Pad owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, including content arising out of or in connection with Materials uploaded by the Bronze, Silver and/or Gold Members;
13.1.2. Swap My City Pad is not responsible for the websites to which Swap My City Pad is linked and does not assume any affiliation with any other websites unless otherwise stated;
13.1.3. In the event that Swap My City Pad offers software to download to the Parties, we will not transfer ownership of the software title to the Parties. The Parties may not use or decompile the software.
13.1.4. The Bronze, Silver and/or Gold Members will be prohibited from Uploading any Materials that are not original and owned or licensed to the Bronze, Silver and/or Gold Members for use on this Website; and
13.1.5. For the avoidance of doubt, any Materials, including any comments made on the My City Blog facility, Uploaded to this Website by the Bronze, Silver and/or Gold Members are made in Bronze, Silver and/or Gold Members personal capacity and Swap My City Pad shall not be liable in anyway whatsoever for the display, publishing, broadcast, sale, dissemination, reproduction or exploitation of any such comments.
14. Ownership of Intellectual Property Rights
14.1. This Website and any and all IPRs are owned by Swap My City Pad save in respect of any IPRs belonging to any licensor, advertisers, partners, investors, sponsors of this Website or any Bronze, Silver and/or Gold Members.
15. Materials Uploaded
15.1. The Bronze, Silver and/or Gold Members may Upload Materials to this Website. Once the Bronze, Silver and/or Gold Members Uploads any Materials to this Website, the Bronze, Silver and/or Gold Members will retain all ownership in the Intellectual Property Rights in the content arising out of or in connection with such Materials, provided the Bronze, Silver and/or Gold Members are the owners of such rights.
15.2. The Bronze, Silver and/or Gold Members acknowledge, represent and warrant that:
15.2.1. The Bronze, Silver and/or Gold Members own all Intellectual Property Rights in and to the Materials Uploaded by the Bronze, Silver and/or Gold Members and/or have obtained all necessary licenses, rights, consents, and permissions which are required under law to enable Swap My City Pad and its successors or assigns to display, broadcast, use, reproduce, prepare derivative works of, perform any and all of the Materials Uploaded by the Bronze, Silver and/or Gold Members in connection with this Website, in any Media or disseminate or distribute such Materials Uploaded by the Bronze, Silver and/or Gold Members in connection with this Website;
15.2.2. The Bronze, Silver and/or Gold Members will be solely responsible for the content of Materials Uploaded to this Website by the Bronze, Silver and/or Gold Members and for any consequential losses including any loss of profit or loss of business by Swap My City Pad that may arise from Uploading such Materials by the Bronze, Silver and/or Gold Members Swap My City Pad shall not be liable to the Bronze, Silver and/or Gold Members, or any person claiming through any Bronze, Silver and/or Gold Members for any disclosure or exploitation of the Materials being Uploaded to this Website.
15.3. The Bronze, Silver and/or Gold Members are not permitted to Upload any Materials if the Bronze, Silver and/or Gold Members do not own or have not obtained the necessary consents to use such Materials. Any such Materials that contravene the Terms and Conditions of this Website will be removed and the Bronze, Silver and/or Gold Members may be prosecuted.
16. Prohibited Material.
16.1. The Bronze, Silver and/or Gold Members will not Upload or store on this Website any Materials, software or databases, which may violate any third party or Swap My City Pad's Intellectual Property Rights, which violates the laws of the United Kingdom or which is lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Bronze, Silver and/or Gold Members will not Upload or store on this Website any Materials, software or databases, which may violate the laws of the country in which the Bronze, Silver and/or Gold Members access or Upload Materials onto this Website as the case may be.
17. Licence, Representation and Warranty.
17.1. By Uploading Materials onto this Website, the Bronze, Silver and/or Gold Members hereby grant to Swap My City Pad an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any and all of the Materials Uploaded by the Bronze, Silver and/or Gold Members, Public Profiles and comments and quotes in connection with this Website, Swap My City Pad and its successors' business or assigns, including without limitation, for promoting and redistributing part or all of this Website (and derivative works thereof) in any Media format and through any Media without any requirement of prior permission from the Bronze, Silver and/or Gold Members with or without being attributed to the Bronze, Silver and/or Gold Members. The Bronze, Silver and/or Gold Members hereby grant to Parties a non-exclusive licence to access the Materials through this Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of this Website and under these Terms and Conditions. The foregoing licence granted by the Bronze, Silver and/or Gold Members will terminate once the Bronze, Silver and/or Gold Members and/or Swap My City Pad removes or deletes Materials or any part thereof from this Website.
18. Removal Right.
18.1. All Materials Uploaded by the Bronze, Silver and/or Gold Members which are found to be potentially offensive will be removed without notice. The Bronze, Silver and/or Gold Members will subsequently be notified of the removal of the Material. For the avoidance of doubt, Swap My City Pad does not operate a moderation policy in respect of Materials uploaded by the Bronze, Silver and/or Gold Members or comments made by the Bronze, Silver and/or Gold Members using the My City Blog facility. If deemed in serious breach of the Terms and Conditions, the Bronze, Silver and/or Gold Members may get an immediate life-long ban.
18.2. The Parties may notify Swap My City Pad about any Materials Uploaded or comments made using the My City Blog facility which may contain content to contravene these Terms and Conditions.
18.3. All Materials that are Uploaded by the Bronze, Silver and/or Gold Members are subject to approval by Swap My City Pad. The Bronze, Silver and/or Gold Members expressly agree that Swap My City Pad may remove, disable or restrict access to or the availability of any Materials from this Website (including, but not limited to, Materials which the Bronze, Silver and/or Gold Members have Uploaded or stored) which Swap My City Pad believes, in good faith and in Swap My City Pad's sole discretion, to violate these Terms and Conditions. Prohibited Materials include but is not limited to Materials which:
18.3.1. Are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
18.3.2. Harass or advocate harassment of another individual(s);
18.3.3. Exploit people in a sexual or violent manner;
18.3.4. Contain nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
18.3.5. Solicit confidential or personal information from anyone under 18;
18.3.6. Publicly posts information that poses or creates a privacy or security risk to any person;
18.3.7. Constitute or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
18.3.8. Involve the transmission of "junk mail," "chain letters", or unsolicited mass mailing, instant messaging or "spamming";
18.3.9. Involve the use of the Swap My City Pad domain name as a pseudonymous return e-mail address for any communications which you transmit from another location or through another person compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another's personal information without their personal permission, or for publicity;
18.3.10. Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
18.3.11. Further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating someone's privacy, or providing or creating computer viruses;
18.3.12. Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or
18.3.13. Involve commercial activities and/or sales without prior written consent from Swap My City Pad.
18.4. We are under no obligation to any Parties and therefore may refuse to remove any Materials from this Website.
19. Termination Right.
19.1. Any licence granted by the Bronze, Silver and/or Gold Members in Clause 17 above, will terminate when the Bronze, Silver and/or Gold Members remove or delete Materials or the Bronze, Silver and/or Gold Members remove their Public Profile and/or Private Profile. In the event that the Bronze, Silver and/or Gold Members legal agreement with Swap My City Pad, the above licences granted by the Bronze, Silver and/or Gold Members in the Materials that are NOT removed or deleted by the Bronze, Silver and/or Gold Members prior to the Bronze, Silver and/or Gold Members closing their Accounts are perpetual and irrevocable, but are otherwise without prejudice to the Bronze, Silver and/or Gold Members' ownership rights.
20. Disclaimer of Materials.
20.1. Swap My City Pad does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by the Bronze, Silver and/or Gold Members and expressly excludes any and all liability in connection with the Uploading of such Materials by the Bronze, Silver and/or Gold Members.
20.2. Swap My City Pad does not endorse the content of any advertisements located on this Website.
21. Limitation of liability
21.1. It is Swap My City Pad's policy not to tolerate any acts of intellectual property infringement or violations of the laws of the United Kingdom or any other applicable laws. Swap My City Pad will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials that Swap My City Pad considers to be subjective and view as infringing. The provisions of Clause 2 are intended to implement these Terms and Conditions but do not impose a contractual obligation on Swap My City Pad to undertake, or refrain from undertaking, any particular course of conduct.
21.2. Swap My City Pad will not be liable if the Bronze, Silver and/or Gold Members Upload unauthorised Materials.
22. Policy
22.1. Under no circumstances shall Swap My City Pad, its officers, directors, employees, or agents be liable to the Bronze, Silver and/or Gold Members in the event that any Bronze, Silver and/or Gold Members suffer any loss and or damage to the Property howsoever caused by the use of this Website and the Services.
22.2. Under no circumstances shall Swap My City Pad, its officers, directors, employees, or agents be liable to the Bronze, Silver and/or Gold Members in the event that any Materials on this Website Uploaded by any Bronze, Silver and/or Gold Members are held to infringe any third party's Intellectual Property Rights.
22.3. Swap My City Pad, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Materials Uploaded by the Bronze, Silver and/or Gold Members on this Website.
22.4. Under no circumstances will Swap My City Pad, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.
22.5. Under no circumstances will Swap My City Pad, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
22.6. The Bronze, Silver and/or Gold Members will indemnify and keep Swap My City Pad indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Bronze, Silver and/or Gold Members' use of this Website.
22.7. The Bronze, Silver and/or Gold Members will indemnify and keep Swap My City Pad indemnified against any and all losses or liabilities incurred directly by Swap My City Pad as a result of any breach or non-observance by the Bronze, Silver and/or Gold Members of any of these Terms and Conditions, the terms of the Privacy Policy and/or Rules.
22.8. Swap My City Pad is not responsible for any property damage, damages incurred as a result of a cancelled exchange, or the refund of any and all fees related to a cancelled exchange for any reason.
22.9. Swap My City Pad is not responsible for resolving any dispute between any Bronze, Silver and/or Gold Members.
22.10. Housebooks are only provided to Silver and/or Gold Members upon confirmation that the temporary exchange of Properties is taking place.
22.11. In the event the Silver and/or Gold Members are unable to complete a single temporary exchange of Property within one year of completing Registration, Swap My City Pad will extend the Silver and/or Gold Members' Membership by one additional year. Swap My City Pad will only offer one additional year of Membership at no additional charge at the request of any Silver and/or Gold Members who have attempted in good faith to arrange a temporary exchange of Properties, but have been unable to secure an exchange arrangement. The Silver and/or the Gold Members must have completed all the necessary information relating to the Property in question, including photographs of their Property on their profile and have made reasonable attempts to find a suitable Silver and/or Gold Members with whom to exchange Properties.
23. Complaint Procedures:
23.1. If the Parties believe that the Bronze, Silver and/or Gold Members have Uploaded Materials which violate the Terms and Conditions, the Privacy Policy or Rules, we ask that the Parties promptly notify Swap My City Pad by e-mail at the following address: info@swapmycitypad.com. In order for Swap My City Pad to respond effectively, please provide us with as much detail as possible, including:
23.1.1. The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed);
23.1.2. All facts which lead the Parties to believe that a right has been violated or infringed;
23.1.3. The precise location where the offending Materials are located;
23.1.4. Any grounds on which the Parties believe that the Bronze, Silver and/or Gold Members who posted the Materials were not authorised to do so or did not have a valid defence (including the defence of fair use); and
23.1.5. If known, the identity of the Bronze, Silver and/or Gold Members who Uploaded the infringing and/or offending Materials.
23.2. We reserve the right, but have no obligation to remove any Materials except where we are obligated under the law and reserve the right to remove any Materials, whenever, and for no reason whatsoever.
24. Indemnification
24.1. Subject to Clause 22.5 and Clause 22.6, the Bronze, Silver and/or Gold Members will defend, indemnify and hold harmless Swap My City Pad, its officers, directors, employees, and agents from and against all claims which may be asserted against Swap My City Pad, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
24.1.1. The Bronze, Silver and/or Gold Members' use of this Website;
24.1.2. Uploading of unauthorised Materials; and
24.1.3. The Bronze, Silver and/or Gold Members' violations of these Terms and Conditions.
25. Data protection and confidentiality
25.1. Swap My City Pad has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
25.2. Swap My City Pad has signed up with safe harbor.
25.3. All personal data collected by Swap My City Pad about the Bronze, Silver and/or Gold Members are strictly confidential and will not be shared with any third party except as required by law, and Swap My City Pad will only use personal data collected about the Bronze, Silver and/or the Gold Members in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy.
25.4. Bronze, Silver and/or Gold Members' Data (as defined in the Privacy Policy) used by Swap My City Pad will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
25.5. Bronze, Silver and/or Gold Members' Data may be used to inform the Bronze, Silver and/or Gold Members of any offers or news from Swap My City Pad or from carefully selected third parties. In the event that the Bronze, Silver and/or Gold Members do not wish the Bronze, Silver and/or Gold Members' Data to be used in this manner, the Bronze, Silver and/or Gold Members may opt-out in accordance with the terms of the Privacy Policy.
25.6. If the Bronze, Silver and/or Gold Members do not wish to receive the Swap My City Pad newsletter, do not click the relevant link on Registration as a Bronze, Silver and/or Gold Members on this Website.
26. Links to third party websites
26.1. This Website provides links to other third party websites on the Internet. These websites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other websites are not under the control of Swap My City Pad, and by continuing to access and/or use this Website the Parties acknowledge and agree that Swap My City Pad is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or their privacy policies. The inclusion of such links does not imply endorsement of such websites by Swap My City Pad or any association with their operators.
26.2. By using a third party website, the Parties expressly relieve Swap My City Pad of any and all liabilities arising out of or in connection with such use.
26.3. The Parties acknowledge and agree that Swap My City Pad is not responsible for the availability of any third party sites. Furthermore, Swap My City Pad does not endorse any advertising, products or other materials available from any third party websites.
26.4. The Parties acknowledge and agree that Swap My City Pad is not liable for any loss or damage which may be incurred by the Parties as a result of the availability of any third party websites, or as a result of any reliance placed by the Parties on the completeness or accuracy of any advertising, products or other materials available from any third party sites.
27. Site availability
27.1. Swap My City Pad will endeavour to have this Website running efficiently and accessible at all times. However, the Parties will be notified on the homepage of this Website of any times when this Website may be unavailable due to scheduled maintenance work.
27.2. Swap My City Pad will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
27.3. Neither Swap My City Pad nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website's availability may occur due to causes beyond the control of Swap My City Pad, such as system malfunction or failures of third parties. In these circumstances, Swap My City Pad will use its reasonable endeavours to restore the service as soon as reasonably practicable.
28. Termination and Consequences of Termination
28.1. These Terms and Conditions will continue in force until terminated by the Bronze, Silver and/or Gold Members or Swap My City Pad in accordance with Clauses 28.2 or 28.3 below.
28.2. In the event that the Bronze, Silver and/or Gold Members wish to terminate the legal agreement with Swap My City Pad, the Bronze, Silver and/or Gold Members may do so at any time by notifying Swap My City Pad and closing the Bronze, Silver and/or Gold Members Account. The Bronze, Silver and/or the Gold Members' notice should be sent via e-mail to info@swapmycitypad.com.
28.3. Swap My City Pad may terminate its legal agreement with the Bronze, Silver and/or Gold Members immediately if:
28.3.1. The Bronze, Silver and/or Gold Members breach any provisions of these Terms and Conditions, the terms of the Privacy Policy and/or Rules;
28.3.2. Swap My City Pad is required to do so by law;
28.3.3. Swap My City Pad elects to terminate access to this Website to the Bronze, Silver and/or Gold Members' situated in the country in which the Bronze, Silver and/or Gold Members are resident or from which the Bronze, Silver and/or Gold Members may wish to access this Website;
28.3.4. The Bronze, Silver and/or Gold Members Upload any unlawful or offensive Materials or any Materials containing any libellous content;
28.3.5. The Bronze, Silver and/or Gold Members are found to be manipulating this Website by doing, but not limited to, hacking, using trojan programmes, attempting to launch automated systems, spiders or offline readers;
28.3.6. The Bronze, Silver and/or Gold Members attempt to harvest personal information located on this Website;
28.3.7. The Bronze, Silver and/or Gold Members use this Website for non-agreed commercial purposes;
28.3.8. The Bronze, Silver and/or Gold Members do not login to this Website for a period of 12 months;
28.3.9. THE BRONZE, SILVER AND/OR GOLD MEMBERS EXHIBIT ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE; or
28.3.10. The Bronze, Silver and/or Gold Members request with three months' notice to be de-registered.
28.4. For the avoidance of doubt, termination in accordance with clause 28, by Swap My City Pad may result in legal action being brought against the Bronze, Silver and/or Gold Members.
28.5. For the avoidance of doubt, if the Bronze, Silver and/or the Gold Members de-registers in accordance with clause 28.3.9, Swap My City Pad, its directors, staff or, agents will not be responsible for the accuracy of any Materials Uploaded to this Website.
28.6. Upon termination, all of the legal rights, obligations and liabilities that the Bronze, Silver and/or Gold Member and Swap My City Pad have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clause 22 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
29. Website Disclaimer
29.1. SWAP MY CITY PAD MAKES NO REPRESENTATIONS THAT CONTENT AND/OR MATERIALS ON THIS WEBSITE ARE APPROPRIATE IN LOCATION OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THE PARTIES WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.
29.2. SWAP MY CITY PAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO THE PARTIES "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT AND/OR MATERIALS ON THIS WEBSITE.
29.3. SWAP MY CITY PAD SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THIRD PARTIES ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE PARTIES WILL INDEMNIFY SWAP MY CITY PAD IN ACCORDANCE WITH CLAUSES 21.5, 21.6 AND 24 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST SWAP MY CITY PAD ARISING IN ACCORDANCE WITH THESE CLAUSES.
29.4. SWAP MY CITY PAD SHALL NOT BE RESPONSIBLE FOR ANY LOSSES AND/OR DAMAGE HOWSOEVER INCURRED BY THE BRONZE, SILVER AND/OR GOLD MEMBERS IN THE EVENT THE PROPERTY IS TEMPORARILY EXCHANGED UNDER OUR HOME EXCHANGE SERVICE WITH THE PROPERTY OF ANOTHER BRONZE, SILVER AND/OR GOLD MEMBERS.
30. Entire agreement and severability
30.1. These Terms and Conditions, including the Privacy Policy and the Rules from time to time constitute the entire understanding between the Parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the Parties relating to it.
30.2. If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Parties breach these Terms and Conditions and we take no action against the Parties, we will not be considered to have given up our rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.
31. Force Majeure
31.1. Swap My City Pad shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
31.1.1. Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
31.1.2. War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
31.1.3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
32. Jurisdiction and choice of law
32.1. These Terms and Conditions shall be governed by the laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English courts. The Parties accept that nothing in this clause shall prevent Swap My City Pad from seeking and enforcing any injunctive relief in any country where this Website is accessible to prevent any infringement of any laws or rules in such countries.
Date of latest amendment: 1st June 2010