Member Terms
1. Introduction
1.1.These terms of membership (“Terms”) set out the contract between whose registered office is at 41 Eyre Square, Galway. (“Home4Home” “we”, “us” or “our”) and any individual who is accepted by us for Home4Home membership (“Member” or “you”).
1.2.These Terms apply to all services offered by Home4Home to Members, together with any other applicable terms and conditions notified to you by Home4Home from time to time.
1.3.These Terms shall be governed by and construed in accordance with the laws of Ireland, irrespective of the nationality of the Member.
2. Your relationship with Home4Home
2.1.By becoming a Member you are appointing Home4Home as your agent to:
2.1.1.introduce you to other Members who have listed their Home (as defined in term 2.2) which you may like to accept as an Exchange (as defined in term 5.1). For the purposes of these Terms, when you stay in another Member’s Home you are a “Exchange partner”;
2.1.2.introduce you to other Members who would like to stay in the Home that you have listed.
2.2.You acknowledge that Home4Home does not own, control or in any way manage any property listed on the Home4Home platform (“Home”) and that Home4Home makes no promise or representation whatsoever in relation to any Home including, but not limited to, the level of cleanliness of a Home. You must make your own enquiries and satisfy yourself on such matters.
2.3.We make no promise or statement that your Home4Home membership will produce any particular outcome – for example, Exchanges into specific Homes or locations.
3. Membership
3.1.By applying for Home4Home membership you confirm that:
3.1.1.you are at least 18 years of age (or older if required by applicable local laws);
3.1.2.the Home4Home sign up process, in the form required by Home4Home from time to time, has or will be completed and submitted to Home4Home, either by you or on your behalf (“Application”);
3.1.3.you:
3.1.3.1.are the owner, or co-owner, of the applicable Home you wish to list on the Home4Home Platform (“Platform”); or
3.1.3.2.have the approval of the owner or co-owners of the applicable Home you wish to list on the Platform; and
3.1.4.you shall pay all applicable fees to Home4Home at the time and in the manner specified by Home4Home.
3.2.We reserve the right to refuse any application for membership at our discretion including, without limitation, where we are required to do so by the laws, rules or regulations of any local, state, national governmental entity or by judicial, public, regulatory or law enforcement authority or court.
4. Listings
4.1.In order to be able to list your Home on the Platform you must:
4.1.1.be a current Home4Home Member; and
4.1.2.have paid all applicable fees (including but not limited to membership fees).
4.2.When you list your Home with us, you agree, represent and warrant:
4.2.1.that you have the full legal right to use, and permit others to use, your Home in accordance with the Home4Home service;
4.2.2.1.you have the necessary rights, licences, permissions and/or consents to use any intellectual property rights contained within any image and/or description of your Home; and
4.2.2.2.the images and information used accurately reflect the Home (such as the number and size of rooms etc.),
4.2.3.that you are not using the Platform for any commercial purposes including rental, sale or onward exchange to a third party;
4.2.4.that your Home is in good, safe and useable condition; and
4.2.5.that you have any necessary licences, permissions, consents and insurances to lawfully allow your Home to be used in accordance with the Home4Home service.
4.3.By listing your Home with us, you hereby grant Home4Home a non-exclusive, royalty free, worldwide, irrevocable licence to use the image(s) and/or description of your Home in any advertising, marketing and/or promotional material relating to the Platform.
4.4.We reserve the right to refuse and/or remove any listing at our discretion. We may do this if we think the Home is unsuitable or if we reasonably believe the listing to be inaccurate.
4.5.We recommend that you add your Home as a listing as early as possible once your Home’s availability is known to you to increase your chances of finding a successful swap.
4.6.You may withdraw the listing at any time.
4.7.Where we are able to, we try to ensure that listings are accurate and complete however we cannot guarantee this and accept no responsibility for inaccurate listings and/or your reliance on them.
5. Exchanges
5.1.Before you can swap your Home with another Member (an “Exchange”), you must:
5.1.1.have listed your Home on the Platform;
5.1.2.have paid the necessary exchange fee, as detailed on the Home4Home website; and
5.2.If you agree to enter into an exchange with another Member the terms of the arrangement and/or agreement regarding the exchange are solely between you and the other Member. Home4Home is not a party to such agreements. You therefore acknowledge and agree that, Home4Home does not have any responsibility or liability for any such arrangement, agreement, relationship or other dealing between you and another Member.
6. Termination of your membership by you
6.1.You may terminate or suspend your membership at any time by giving us notice in writing, provided that you have not received a confirmed exchange.
6.2.Upon termination you shall lose all rights to use the Home4Home service.
6.3.In the event that you terminate your membership you shall not be entitled to a refund of any fees paid, whether in whole or part.
7. Termination of your membership by us
7.1.We reserve the right to terminate or suspend your membership if any of the following occur:
7.1.1.you fail to comply with any of these Terms;
7.1.2.you fail to pay any sums due to Home4Home or any other party in connection with the Home4Home service;
7.1.3.you choose to issue legal proceedings against Home4Home;
7.1.4.you are found to be a vexatious or serial complainant who threatens or uses physical violence and/or harasses, abuses or is verbally aggressive to our employees or another Member;
7.1.5.you abuse your rights as a Member and/or act in a manner that is contrary to the interests of Home4Home; or
7.1.6.your continued membership is or becomes contrary to any law, rule, regulation or statutory instrument or if we are required to terminate it by any judicial, governmental, regulatory or law enforcement body or court.
7.2.Where we suspend your membership for non-payment in accordance with these Terms we also reserve the right to terminate your membership at our option at any time in the event that outstanding payments remain unpaid. Suspended Members may be readmitted to full membership on payment of all outstanding sums and completion of any required documentation. For the avoidance of doubt, suspended Members are not entitled to any benefits of Home4Home membership during the period of suspension.
8. Complaints
8.1. Home4Home does not own, manage or operate any Home and is not liable for their description and/or presentation. As each Home is different standards may vary enormously. If you have an issue with a Home please contact your Exchange Partner. If you are dissatisfied and decide not to occupy the Home then Home4Home shall have no liability for any costs and expenses incurred (including, without limitation, the cost of alternative accommodation).
9. Our liability to you
9.1.As Home4Home is not responsible for and does not own, manage or operate any Homes we cannot accept any liability for any act or omission on the part of any Member. Your use of the Home may be subject to additional rules or terms imposed by the Member who owns the Home.
9.2. Home4Home is not liable for any damage, loss or theft of or to personal property which occurs through your Exchange Partners’ use of a Home.
9.3. Home4Home accepts no liability for the acts and omissions of any third parties providing non-exchange related programmes or services to you.
10. Communicating with you
10.1. Home4Home processes personal data and responds to requests you may have concerning personal data in accordance with its Privacy Policy, a copy of which is available at Privacy Policy – Home4Home.ie
11. Home4Home’s Role.
While we work hard to ensure our Members have great experiences using Home4Home, we do not and cannot control the conduct or performance of Exchange Partners and do not guarantee (i) the existence, quality, safety, suitability, or legality of any listings or Exchange Services or (ii) the truth or accuracy of any listing descriptions, reviews, or other Content provided by Members. You acknowledge that Home4Home has no general obligation to monitor the use of the Home4Home Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Home4Home Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Trms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms. Where we remove or disable Content, we will notify a member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
12 .Your Responsibilities and Assumption of Risk.
12.1 You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Home4Home Platform and any Content, including your stay at any Home participation in any experience, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate an Exchange Service to determine whether it is suitable for you. For example, Exchange Service may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Exchange Services.
13. Creating and Managing Your Listing.
The Home4Home Platform provides tools that make it easy for you to set up and manage a listing. Your listing must include complete and accurate information about your Exchange Service, any rules or requirements that apply to your Exchange Partner or listing. You are responsible for keeping your listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Exchange Service and suggest you carefully review policy terms and conditions including coverage details and exclusions.
14. Content.
Parts of the Home4Home Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Home4Home a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Home4Home the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
15. Home4Home Platform Rules.
15.1 You must follow these rules and must not help or induce others to break or circumvent these rules.
All members must be truthful in all your dealings with home4home and all other members.
All information obtained by the use of home4home must be kept confidential.
No unauthorised use of any information obtained from home4home is allowed.
No interference with the operation of our website is allowed.
No inappropriate or unlawful content is to be sent to any home4home member.
You must respond to all requests from members seeking a home swap.
You must indicate if you are unable to swap with any member.
Your home must be as described in your membership listing.
Your home must be available for a home swap at the time agreed with another member.
Your home must be safe and clean before any exchange is agreed with another member.
You must ensure your home is fully insured to allow you swap with another member of home4home, and that you will inform your home insurer before you agree to any swap.
You must ensure you will keep the property with which you swap in the same condition as when you arrived, and you accept responsibility for any damage caused by you during your stay at the property.
You must comply with the terms of any insurance policy applying to houses with which you swap.
You accept full responsibility for all negotiations you conduct on home4home.
You agree to resolve any disagreements with any home owners with whom you swap, or failing this, you agree to be bound by any resolution proposed by home4home. home4home does not accept any responsibility for any unresolved disagreements between members.
home4home may suspend or terminate any membership at any time., and will not offer any refunds in the event of such a termination or suspension.
Any pets you leave in your home must be clean and healthy, and not provide any risk to any member with whom you swap.
You must properly care for any pets in any members home with whom you swap.
In the event of a cancellation of an swap, within two months of the swap date, you must inform your swap partner of a valid reason for the cancellation.
You are liable for any costs incurred by your swap partner in the event of a cancellation, unless exceptional circumstances apply, details of which you must furnish your swap partner.
home4home is only responsible for listing details of members homes on its site: home4home accepts no responsibility for details of listings, accuracy of listings or behaviour of members.
home4home accepts no responsibility for any damages, costs or losses suffered as a result of use of the website.
Members may delete their membership at any time: no refunds will apply for such deletions. Members must ensure their homes have insurance cover for home swapping. Emails sent from members on the site are copied to home4home.ie.The standard price for membership is €149 per property per annum.
16. Termination, Suspension and other Measures.
16.1 The agreement between you and Home4Home reflected by these Terms is effective when you access the Home4Home Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
16.2 You may terminate this agreement at any time by sending us an email or by deleting your account. Home4Home may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Home4Home may also terminate this agreement immediately and without notice and stop providing access to the Home4Home Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Home4Home, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Disclaimer of Warranties.
We provide the Home4Home Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Exchange Partner; (ii) we do not warrant the performance or non-interruption of the Home4Home Platform; and (iii) we do not carry out any verification, identity or background checks conducted on listings or Members. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Limitations on Liability.
Neither Home4Home nor any other party involved in creating, producing, or delivering the Home4Home Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Home4Home Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Home4Home Platform, or (iv) publishing or booking of a Listing, including the provision or use of Exchange Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Home4Home has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.