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Terms and Conditions

This website is operated by WeekendAwaySwap, a private partnership [LIMITED COMPANY] having its business address at Ardkitt West, Ballineen, County Cork. If you wish to contact us you can do so by getting in touch with our Customer Service team at [HELLO@WEEKENDAWAYSWAP.IE/021 2029120]. These Terms and Conditions of Use (“Terms”) are a binding legal agreement between you and WeekendAwaySwap that govern your use of the WeekendAwaySwap website (the “Platform”). Use of the Platform requires your acceptance of the Terms. By using the Platform, you confirm that you have read, understand and accept the Terms and that you agree to abide by their respective terms each time you access and your membership of the Platform. 

If you do not agree to these terms, you must not use the Platform. We reserve the right to amend these Terms at our discretion without prior notice. Every time you wish to use the Platform, please check these terms to ensure you understand the terms that apply at that time. Please note, all our terms apply to guest users and Members alike. We recommend that you print a copy of these terms for future reference.

DEFINITION OF TERMS

Exchange” means a residence exchange entered into between Members. 

I”, “you”, “your”, “yourself” means any Member who uses the Platform in any manner.

Listing” means any Residence described on the Platform published by a Member, including any content used to describe such Listing.

Member” means any person who registers for membership of the Platform and by doing so, accepts these Terms.

We”, “us”, andour,” means WeekendAwaySwap.

USE OF THE PLATFORM

To access and use our Platform, persons must register for membership of WeekendAwaySwap. By registering for membership, users the WeekendAwaySwap Platform you agree to keep your account information up to date and accurate. As the provider of the Platform, WeekendAwaySwap does not own, control, offer or manage any Listings. WeekendAwaySwap is not a party to the contracts concluded directly between Members, nor is WeekendAwaySwap a real estate broker, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. WeekendAwaySwap is not acting as an agent in any capacity for any Member.

Members can exchange homes as many times, with as many other Members, and for as long as they wish, during the validity of their annual membership. Members have a personal Listing page to showcase their home, using photos and text. When you upload or post content to our Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the Platform.

Members are granted access to other Members’ Listings and will be able to contact other Members via direct messaging system. WeekendAwaySwap is merely a platform-provider. When Members enter into an Exchange, they are entering into a contract directly with each other. Members are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone invited or provided access to any property listed on the Platform. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

Members may access information on third party services via our Platform links advertised on the platform. Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

Members are prohibited from offering any property for rent or from soliciting property for rent via our Platform. Members alone assume the risks associated with providing a property or occupying a property in furtherance of an Exchange, or in relation to any agreement outside the scope of our Platform and/or in breach of these Terms, in particular, the risk of damage to the property, theft of certain items furnishing it or personal injuries. 

Members will not be liable for any third party’s fraudulent, negligent or wilful misconduct acts or omissions.

The Platform may include information uploaded by other Members or other users. This information has not been verified or approved by us. The views expressed by Members or other users do not represent our views or values.

OBLIGATIONS OF THE MEMBERS

Members must be of legal age in their country of residence and in the country from which they are accessing the Platform. If Members do not fall within this category, they may be in breach of laws or regulations applicable in their country of residence or in their country of access and they should leave the Platform immediately. Member’s subscription is for their sole, personal use. Members may not authorize others to use their membership. Members must accurately describe their home and exchange wishes. This includes an accurate description of the type of home, sleeping capacity, and number of bathrooms. Any interior or exterior photos posted must be of the property offered for exchange. Any omission of relevant descriptions may be considered as an inaccurate description and subject the Member to removal from the Platform. Members will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through this Platform, other than the posting of their home for exchange or contacting other Members to propose an exchange. No inquiries or responses between Members shall contain any type of advertising or solicitation other than discussions relating to the non-commercial exchange of a member’s home in accordance herewith. Members will treat other Members and their property with courtesy and respect. 

Members will not provide false or misleading information to other Members. Members will not use this Platform to violate any applicable law. Members will not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another’s computer or gain otherwise unauthorized access to the computer. Members understand that WeekendAwaySwap assumes no responsibility and in no way guarantees the accuracy of the information contained in any of the Listings published on the Platform. Should a member uncover false information, this should be reported to WeekendAwaySwap. Members are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to a Member’s Listing including, but not limited to, permits, licenses, management company rules, restrictions or prohibitions on subletting or short-term rentals, zoning rules and restrictions applicable to each and every property exchange. Members may not use any content from this Platform for any commercial use. It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their exchange partner, including auto, property and liability. 

CONTENT OF THE PLATFORM

All rights for all material and content (including, but not limited to text, images, web pages, sound, software (including, code, interface and website structure) and video, (including the look and feel, design and compilation thereof) on this Platform are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. All content within this Platform, including information in each home listing, is available to the users of this Platform for the express purpose of arranging direct home exchanges between Members. You are solely responsible for your interactions with other Members. This Platform is a service of a private membership organization, and information contained herein is private and not in the public domain. Data mining of information from this Platform, and collecting or storing personal information about Members, is prohibited. Email correspondence (via WeekendAwaySwap internal message system) is for the purpose of arranging an exchange between Members of the Platform. Initial contact is limited to using the contact details published on the Platform. Any attempt to collect email addresses from Members and email individual Members or groups of Members for any purpose other than arranging a personal home exchange is in violation of these Terms and is subject to suspension or expulsion from the Platform. Any violation of this paragraph shall subject the violator to severe penalties. Please note, the display of a private email address within your messages sent to other WeekendAwaySwap Members through our Platform or within the published area of your Listing, is not permitted. 

INTELLECTUAL PROPERTY 

Members undertake not to use copyright photos/material in any part of their Listing. Except as provided in these Terms, the use of the Platform does not grant you any right, title, interest or license to any intellectual property you may access on the Platform. Liability for any related intellectual property right infringement lies with the Member.

ACCEPTABLE USE 

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in in these Terms and our Terms of Membership. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

The opinions, advice, statements, offers or other information or content made available through this Platform are not necessarily those of WeekendAwaySwap. Any statements, advice and opinions made by Members are those of such Members only. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on this Platform, and we neither adopt nor endorse, nor assume responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person’s reliance on information or other content posted on the Platform or transmitted to Members.

DISAGREEMENTS BETWEEN MEMBERS

Any disagreements arising from the use of the Platform must be settled between the parties who directly participated in the exchange. WeekendAwaySwap is not responsible for any events that occur as a result of any home exchange that is or was listed on the Platform. WeekendAwaySwap will offer to mediate disagreements between Members without assuming any responsibility for subsequent resolution or failure to resolve. Members will bear their own costs in respect of any effort by WeekendAwaySwap to mediate. WeekendAwaySwap may terminate or suspend, temporarily or permanently, the memberships of any Members involved in an unresolved disagreement. No refunds will be provided in the event of such suspension or termination.

CANCELLATIONS

Members must only cancel or otherwise change the dates of the exchange under the most compelling circumstances. If Members are forced to cancel or change the exchange, they will make every effort to otherwise agree alternative arrangements with their exchange partner.

DISCLAIMER OF LIABILITY

The Platform is provided on an ‘as is’ basis only. You may not rely on any content and/or other material on the Platform to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability (whether in contract, tort or otherwise) arising out of or in connection with any reliance placed on such Content and/or materials by any user of the Platform, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information on the Platform up to date or complete or liability for any failure to do so.

The content and other material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:

any liability for any direct loss or other loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any websites linked to it and any materials posted on it however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that any such losses are unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription process.

If the Member has statutory rights or warranties WeekendAwaySwap cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law

In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.

Nothing in these Terms shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of WeekendAwaySwap or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Platform.

Although we make all reasonable endeavours to ensure that the Platform is free from viruses and defects, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it. We do not guarantee the security of the online Platform or any systems connected with the use of the Platform (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Platform or any systems used in accessing our services will be continuous or virus or error free.

Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Members are solely responsible for obtaining and maintaining valid homeowners’, renters’, auto, or other insurance as may be required by relevant law, relating to the Exchange and any amenities relating thereto. It is the sole responsibility of Members to review and understand their own insurance coverage and the coverage provided by any other Member with whom a Member enters into an Exchange. You shall remain solely liable in the event that your participation in an Exchange violates an agreement or policy with your insurance provider.

INDEMNITY 

You agree to indemnify WeekendAwaySwap against any loss, damage or cost incurred by WeekendAwaySwap arising out of your use of the Platform or any information accessible over or through the Platform, including information obtained from linked third party websites, your submission or transmission of information or material on or through the Platform or the violation of these Terms or any other laws, regulations and rules by you or anyone using your account, where applicable, provided that any such losses are unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription process. Specifically, Members agree to indemnify and hold harmless WeekendAwaySwap and its agents, from any injury or damage suffered directly or otherwise as a result of your use of WeekendAwaySwap home exchange service, including but not limited to (i) any claims for injury or damage to person or property arising from a property a member owns, (ii) any claims for injury or damage to person or property arising from a property transaction, (iii) a claim that any use of the home exchange service by Members or someone using their computer (or account, where applicable) infringes any property right of any third party, (iv) any misrepresentation by Members, or (v) any breach of any agreement to be performed by Members. Members agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

RESTRICTION, SUSPENSION AND TERMINATION

We may restrict, suspend or terminate your access to the Platform and/or your ability to avail of any of the services on the Platform, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms. We may also remove the Platform as a whole or any sections or features of the Platform at any time to improve the service provided through the Platform, for IT maintenance, security reasons or if the business cannot continue to operate as a going concern. We will make reasonable efforts to notify Members in such an event. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and WeekendAwaySwap in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a Court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

SEVERABILITY

If the whole or any part of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the Terms and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.

LAW AND JURISDICTION

These Terms and any matter relating to this Platform, shall be governed by Irish law and any legal action will be brought before the courts of Ireland.

If you live in Northern Ireland and mandatory statutory consumer protection regulations in Northern Ireland contain provisions that are more beneficial for you (acting as a consumer), such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any legal proceedings relating to these Terms before the courts of Northern Ireland or the courts of Ireland. If we wish to enforce any of our rights against you as a consumer living in Northern Ireland, we may do so only in the courts of Northern Ireland.

This website is operated by WeekendAwaySwap, a private partnership [LIMITED COMPANY] having its business address at Ardkitt West, Ballineen, County Cork. If you wish to contact us you can do so by getting in touch with our Customer Service team at [HELLO@WEEKENDAWAYSWAP.IE /021 2029120]. These Terms and Conditions of Membership (“Terms”) are a binding legal agreement between you and WeekendAwaySwap that govern your membership of the WeekendAwaySwap website (the “Platform”). By registering for membership, you confirm that you have read, understand and accept the Terms and that you agree to abide by the respective terms for the duration of your membership of the Platform. If you do not agree to these terms, you must not register for membership. We reserve the right to amend these Terms at our discretion without prior notice.

DEFINITION OF TERMS

Account” means the account that must be created to allow an individual to become a Member and use the Platform.

Exchange” means a residence exchange entered into between Members. 

I”, “you”, “your”, “yourself” means any Member who uses the Platform in any manner.

Listing” means any residence described on the Platform published by a Member, including any content used to describe such Listing.

Member” means any person who pays the Membership Fee and registers for Membership of the Platform and by doing so, accepts these Terms.

We”, “us”, andour,” means WeekendAwaySwap.

Membership Fee”: means the annual fee of €120 payable by users to become Members.

Subscription Term”: means a period 12 months, unless otherwise terminated, and shall commence on the date of registration and thereafter can be renewed for successive periods of 12 months (each a Renewal Period).

Membership”: means the subscription purchased by the user to entitle access to, and use of, the WeekendAwaySwap Platform.

MEMBERSHIP 

In order to gain membership of WeekendAwaySwap, you must register an Account by providing the personal information requested. WeekendAwaySwap will request verification of each subscriber’s name, address, email address and contact number when the Member creates an Account. All subscribers must provide proof of address (e.g recent domestic bill) and a form of identification (e.g passport/driving licence) when the Member registers an Account. WeekendAwaySwap reserves the right to accept or reject supporting documentation for verification at its sole discretion. Members must keep their Account information up-to-date at all times. WeekendAwaySwap shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. 

Upon registration, you must: (i) be eighteen (18) years of age at the time you register your Account; (ii) have the legal or contractual right to offer the residence via the Platform and continue to have that right during your use of the Platform; and (iii) have the authority to enter into an Exchange. In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes. You may not authorize others to use your Account, and except as otherwise expressly provided for herein, you may not assign or otherwise transfer your Account to any other person or entity.

WeekendAwaySwap reserves the right to refuse an application for registration for any reason, at any time, in its sole and absolute discretion. Upon registration, Members will select a username and password, which can only be changed at the Member’s request. Each Member is solely responsible for his or her username and password and agrees to keep them confidential and not to disclose them to anyone, in any for, for any reason. Each Member shall be solely responsible for any third-party use of a Member’s username or password and for any actions or statements made through his or her Account.. Members will not be liable for any third party’s fraudulent, negligent or wilful misconduct acts or omissions.

Moreover, WeekendAwaySwap shall not liable for any identity theft of any Member. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s Account in an unauthorized manner, the Member must immediately inform WeekendAwaySwap. In the event of loss or theft of a Member’s username or password, the Member must immediately change his or her username and/or password. You agree to only create and/or use one Account. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination. 

ANNUAL MEMBERSHIP FEE

Members pay an annual membership fee for an unlimited number of exchanges during a twelve (12) month period from the date of registration. Once registered, Members may contact other Members, access the Platform, access the Listings, and message other Members free of charge. Subscriptions are renewed automatically for successive 12-month periods unless cancelled on or before the last day of the current 12-month term. The right of withdrawal will apply to each renewal, and must be exercised within fourteen (14) days from the first day of the automatic subscription renewal. If the Member terminated its subscription during the current term, no refund, even a partial refund, will be due. Prices offered by WeekendAwaySwap are subject to change. Any change in price shall take effect immediately upon notice and shall apply to any future memberships fees made by a Member after such changes come into effect. All payments must be made by credit/debit card. All payment processing is handled securely by [STRIPE].

CANCELLATION OF MEMBERSHIP

Members may cancel their Accounts for any reason within fourteen (14) days of their subscription, or renewal thereof, provided that no Exchanges have been scheduled for such Member and receive a full refund. If you have expressly requested to enter into Exchanges during this period, you will be required to pay the relevant costs of such services.  Any refund due will be issued via the payment method used by the Member no later than twenty (20) business days following the date of cancellation. Members of the Platform may, at any time and for any reason, terminate their registration on the Platform by requesting the closure of their Account with WeekendAwaySwap, at no cost other than those related to the transmission of their request, by following the procedures indicated on the Platform. This request shall become effective one working day following receipt by WeekendAwaySwap of the request to close the Account. A Member’s request to close an Account will not result in any refund, even partial, of any amounts paid relating to such Account. Upon closure of a Member Account and/or any other termination of these Terms, the clauses of these Terms that reasonably should survive termination shall remain in effect. A Member may cancel their membership at any time by following the cancellation procedure when logged into their Account. WeekendAwaySwap will confirm cancellation by sending an email to the former Member at his or her email address. If you wish to cancel your subscription, please do so within the above stated time frame, to us at [HELLO@WEEKENDAWAYSWAP.IE]. 

MEMBERS USE OF PLATFORM

WeekendAwaySwap provides its Members with an exchange management service via its Platform, allowing the Member to publish a Listing to propose an Exchange of his or her residence, and allowing other Members to review the Listing and book the residence. Members are granted access to other Members’ Listings and will be able to contact other Members via direct messaging system. WeekendAwaySwap is merely a platform-provider. WeekendAwaySwap is committed to carrying out this service with reasonable care and skill. When Members enter into an Exchange, they are entering into a contract directly with each other. Members are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone invited or provided access to any property listed on the Platform. The content on our Platform is provided for general information only. Members wishing to execute an Exchange via the Platform do so on their own initiative and under their own responsibility. Members alone assume the risks associated with providing a residence or occupying a residence in furtherance of an Exchange, in particular, the risk of damage to the property or theft of certain items furnishing it. 

LISTINGS

WeekendAwaySwap reserves the right to request that certain minimum information be included in any Listing and that Listing information be presented in a particular format. Listings must be maintained in an accurate state by Members. Any content in a Member’s Listing cannot conflict with these Terms. The visibility of Listings in WeekendAwaySwap may vary and will depend on a variety of factors relating to the Listing details and the Member’s particular search criteria. WeekendAwaySwap makes no guarantees regarding the particular placement of a Member’s Listing in search results. All Members represent and warrant that the posting of a Member’s Listing and any acceptance of an Exchange for a Member’s residence will not breach any agreements such Member has entered into with any laws, rules, regulations and contracts with third parties including, but not limited to, permits, licenses, management company rules, restrictions or prohibitions on subletting or short-term rentals, zoning rules and restrictions applicable to each and every property exchange.

BREACH OF TERMS

We may restrict, suspend or terminate your access to the Platform and/or your ability to avail of any of the services on the Platform, if we believe that you have breached these Terms at any time. Should a Member act in violation of these Terms or any other rules or regulations issued by WeekendAwaySwap, or exhibit any conduct contrary to our rules of good conduct, values or ethics, or break any law, rule, regulation, or any other legal order issued by a governing jurisdiction, WeekendAwaySwap reserves the right, without justification and without compensation, to take action including to removal of content posted on the Platform, limiting a Members’ access to the Platform and closing a Member’s Account. WeekendAwaySwap may close the Member’s Account without warning or formal notice. The closure of a Member’s Account following a violation these Terms will result in the termination of the Member’s current Membership, if any, without entitlement to any refund, even partial. The Member will be informed by email of the closure of their Account. By closing an Account for breach of these Terms, WeekendAwaySwap does not waive its right to any damages it may otherwise claim related to such breach.  

The following are strictly prohibited and may result in Account closure:

  • Providing false or misleading information upon Account registration;
  • Providing false or misleading content;
  • Creating multiple Accounts for the same residence;
  • Creating fake Accounts;
  • Infringing the rights (including intellectual property rights) of third parties;
  • Posting on the Platform or otherwise distributing to other Members, or WeekendAwaySwap, of any defamatory, violent, abusive, harassing, obscene, threatening, sexist, pornographic, racist, homophobic, discriminatory, otherwise illegal, or, more generally, controversial material or content;
  • Acting in a discriminatory manner toward any other Member or other third party;
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • Sending unsolicited commercial e-mails or other communications (spamming);
  • Diverting Members away from the Platform or following Members on social networks for commercial purposes;
  • Uploading or transmitting any files that contain viruses, corrupted files, Trojan horses, malicious code, spyware, or any other software or programs that may harm the Platform or other Members’ or third parties’ computers, property, or other rights;
  • Posting or distributing, in any form whatsoever, information or content that has the effect of diminishing, disorganizing or preventing provision of the Services or interfering with the proper functioning of the Platform;
  • Interfering with another Member’s Account;
  • Collecting or otherwise obtaining or using any information about others, including e-mail addresses, without consent;
  • Including hyperlinks in a listing;
  • Offering any property, including a residence for rent;
  • Soliciting property, including residences, for rent;
  • Exchanging a residence outside the Platform when that residence is listed on the Platform;
  • Collecting or providing information on Members’ vacation periods with an aim to encourage burglary of Members’ residences;
  • Misappropriating any residence offered for Exchange by Members;
  • Advertising to other Members or otherwise soliciting other Members to buy or sell any other products or services unrelated to the Exchange.

This list is not exhaustive and WeekendAwaySwap reserves the right to remove, without warning or other notification, any User Content that is not compatible with the rules in force on the Platform and/or that would undermine the security of the platform or other Members. WeekendAwaySwap reserves the right to sign out, terminate or delete your Account, any related Listings and any related information from the Platform and our servers if you have not signed in to the Platform for a particular period of time, as determined by us, in our sole discretion.

RIGHT TO TERMINATE MEMBERSHIP

WeekendAwaySwap reserves the right to cancel any membership for any reason, including misuse of the Platform, any action we feel compromises the security of the Platform, any action that adversely affects other members or their property, or any action we feel is detrimental to WeekendAwaySwap. We further reserve the right to cancel a membership if we determine, at our sole discretion, that you have violated these Terms. If any information provided by a member is found to be grossly misrepresented, or should the member’s home listing or actions be in violation of any law or any provision of these Terms, we reserve the right to remove, at our discretion, the member’s home listing at any time, and/or to terminate the member’s access to the Platform, without refund.

DISCLAIMER OF LIABILITY AND INSURANCE

The Platform is provided on an ‘as is’ basis only. You may not rely on any content and/or other material on the Platform to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability (whether in contract, tort or otherwise) arising out of or in connection with any reliance placed on such Content and/or materials by any user of the Platform, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information on the Platform up to date or complete or liability for any failure to do so.

The content and other material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude any liability for any direct loss or any other loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any websites linked to it and any materials posted on it however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that any such losses are unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

If the Member has statutory rights or warranties WeekendAwaySwap cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law

In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200. Nothing in these Terms shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of WeekendAwaySwap or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Platform.

Although we make all reasonable endeavours to ensure that the Platform is free from viruses and defects, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it. We do not guarantee the security of the online Platform or any systems connected with the use of the Platform (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Platform or any systems used in accessing our services will be continuous or virus or error free.

Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.  Members are solely responsible for obtaining and maintaining valid homeowners’, renters’, auto, or other insurance as may be required by relevant law, relating to the Exchange and any amenities relating thereto. It is the sole responsibility of Members to review and understand their own insurance coverage and the coverage provided by any other Member with whom a Member enters into an Exchange. You shall remain solely liable in the event that your participation in an Exchange violates an agreement or policy with your insurance provider.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and WeekendAwaySwap in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a Court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

SEVERABILITY

If the whole or any part of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the Terms and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.

LAW AND JURISDICTION

These Terms and any matter relating to this Platform, shall be governed by Irish law and any legal action will be brought before the courts of Ireland. 

If you live in Northern Ireland and mandatory statutory consumer protection regulations in Northern Ireland contain provisions that are more beneficial for you (acting as a consumer), such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any legal proceedings relating to these Terms before the courts of Northern Ireland or the courts of Ireland. If we wish to enforce any of our rights against you as a consumer living in Northern Ireland, we may do so only in the courts of Northern Ireland.

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