PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
AGREEMENT BETWEEN YOU AND HOME FOR EXCHANGE
This Website is made available to you by The Social Club Limited and its various trading divisions.
1. Our Agreement
1.2 By using the Website and/or the Service, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Website or the Service.
1.3 Please read these Terms carefully before you start to use the Website and/or the Service. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
1.4 We may amend these Terms from time to time in order to update them, to reflect changes to the Service or for legal, regulatory or security reasons. We will keep you informed and give you notice of any amendment to these Terms by posting the amended Terms on the Website and stating in the amended Terms when they took effect.
2. About Us
2.1 We are The Social Travel Club Limited, a company registered in England and Wales (registration number 07031138) with our registered office at Holden House, 57 Rathbone Place, London, W1T 1JU, England (Home For Exchange, we, us, our). Our trading address is 57 Rathbone Place, London, W1T 1JU, England and our VAT number is GB978915646.
2.2 If you have any questions, complaints or comments about the Service or these Terms, then please contact us by emailing us at firstname.lastname@example.org or by writing to us at Holden House, 57 Rathbone Place, London, W1T 1JU, England.
3. The Service
3.1 The Service is designed to introduce individuals who wish to exchange (Exchange) and/or rent (Rent or Rental) their homes or holiday/second homes (Homes) for vacations. For the purposes of these Terms, if you are providing a Home you are a 'Host' and if you are staying at a Home you are a 'Guest'.
3.2 Further information about the Service, how it operates and the rules relating to it are set out on the Website at http://www.homeforexchange.com/how-it-works. Such information is incorporated into, and forms part of, these Terms and our agreement with you; however, in the event of any conflict between such information and these Terms, these Terms will prevail.
3.3 For the avoidance of doubt, the Service is designed to act as an intermediary marketplace only to facilitate Exchanges and Rentals for the purpose of taking vacations. We do not own, manage, provide, operate, otherwise deal with, make promises or statements in respect of, or take responsibility for any type of property or its condition or suitability, including Homes, except as set out in these Terms.
3.4 We make no statement (express or implied) that your use of the Service will produce or generate any particular outcome in relation to successful Exchanges or Rentals or otherwise.
3.5 We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.
4. Your Use of the Service
4.1 You may sign up to use the Service by telephone, via the Website and/or by using certain third party social network (Social Network) accounts, for example Facebook. If you choose to sign up using a Social Network account and/or link your Social Network account to the Service, you agree that:
(a) you are allowed to disclose your Social Network account details to us;
(b) your use of that Social Network in connection with the Service is subject to the terms and conditions you have agreed with that Social Network (which we have no part of);
(c) we may use content from that Social Network, to the extent you allow us, and all such content will be deemed Content (as defined in clause 9.2) for the purpose of these Terms; and
(d) the ability to integrate a Social Network account with the Service is dependent on the availability and functionality of that Social Network, and we are not responsible for any failure of the same or for how this may impact on your use of the Service.
4.2 You cannot use the Service if such use of the Service would constitute a breach of any applicable Sanctions. 'Sanctions' means any trade, economic or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by the following 'Sanctions Authorities': (i) the United States of America; (ii) the Security Council of the United Nations; (iii) the European Union; (iv) the United Kingdom; and/or (v) the governments and official institutions or agencies of any of (i) to (iv), including the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
4.3 When you sign up to use the Service (other than via a Social Network account), you will be asked to choose a password which, together with your email address (which will be your username), you will use to log in to the Service. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else (whether or not such use is fraudulent). You agree to notify us immediately by email to email@example.com if you become aware of, or suspect any unauthorised use of, your password or username.
4.4 You promise that:
(a) you are at least 18 years old;
(b) all information and details provided by you to us (including when you sign up to use the Service and in connection with any Listing (as defined in clause 5.1)) are true, accurate and up to date in all respects and at all times;
(c) you are able to validly enter into any Exchange and/or Rental agreement that you agree to, and, in doing so, you will not breach any other agreement you may have with anyone else;
(d) you will at all times comply with the restrictions on your use of the Service and any other obligations, in each case as set out in these Terms;
(e) you will at all times comply with, and will only use the Service in a manner consistent with, all applicable local, national and international laws and regulations;
(f) you will not use the Service if such use is not legal in your jurisdiction;
(g) you will be responsible for obtaining all necessary licences, consents and permissions relating to your use of the Service (including, where relevant, the consent of your landlord, mortgage provider or insurance provider);
(h) neither you nor a Home that is the subject of a Listing (as defined in clause 5.1) is located in, resident in or a citizen of any of Cuba, Iran, Sudan, Syria, the Crimea Region of the Ukraine or North Korea or any other country or region that is subject to comprehensive U.S. Government Sanctions from time to time;
i) you are not a person that is listed on, or owned or controlled by a person listed on, any Sanctions list published by a Sanctions Authority (a 'Restricted Person'), or a person acting on behalf of such Restricted Person or otherwise a subject of Sanctions;
(j) the Home that is the subject of a Listing is not owned by a Restricted Person and the Service would not in any way be connected to or for the benefit of a Restricted Person; and
(k) your use of the Service would not otherwise constitute a breach of applicable Sanctions.
4.5 You agree that, in using the Service, you will not:
(a) use the Service for any unlawful purpose;
(b) use the Service for any commercial or business purpose (for example, if you are a professional landlord);
(c) recruit or otherwise encourage any Member to join another service similar to the Service;
(d) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient;
(e) impersonate any other person (living or dead), misrepresent your connection with a person or entity or provide false or otherwise misleading information (or fail to provide information which has the same effect);
(f) sell, pass-on or refer any inquiries from Members to any other person (whether registered with the Service or otherwise);
(g) transfer files that contain viruses, trojans or other harmful programs;
(h) authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service;
(i) access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Service security measures;
(j) email, publish or otherwise disseminate any Content (as defined in clause 9.2) or Communication (as defined in clause 8.1) which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which is otherwise inappropriate; or
(k) advertise or promote your own or third party products or services (other than your Home).
5.1 As part of the Service, you may provide and list information on the Service about the Home which you would like to Exchange or offer for Rental (Listings).
5.2 When creating a Listing, you agree to accurately describe your Home, as well as the Exchange or Rental. This includes an accurate description of the number and size of rooms. Any photos included in a Listing must be of the relevant Home and you must not add photos from any copyrighted service unless you have their permission. If you do so, we take no responsibility for any such practice. We also consider omissions of relevant information regarding a Home as being inaccurate.
5.3 You undertake to ensure that your contact details for any Listing remain complete and accurate, and that the status of any Listing remains correct with regard to its availability for Exchange or Rental, and you further acknowledge that we reserve the absolute right to remove any Listing that we reasonably believe to be inaccurate or no longer available for Exchange or Rental.
5.4 Whilst we hope, and use our reasonable endeavours to ensure, that all Listings are accurate and complete and provide a true representation of the relevant Home and its condition, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.
6. Exchanges, Rentals and other dealings with Members
6.1 If you agree to enter into an Exchange or Rental with another, the terms of the arrangement and/or agreement regarding that Exchange or Rental are solely between you and the other Member. We are not a party to any Exchanges or Rentals. You acknowledge and agree, therefore, that, save as set out in these Terms (including, in particular, clause 7), we have no part in or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any other Members, including the terms of any Exchange or Rental you may agree or the condition or suitability of any property. You also acknowledge and agree that personal information such as email addresses and phone numbers can only be exchanged between Members once Exchanges or Rentals have been fully agreed through the Website.
6.2 The terms of cancellation for any Rental will be detailed in the relevant Listing. You agree to abide by all such cancellation terms.
6.3 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person in respect of any arrangement, agreement, relationship or other dealings you may have with other Members. You agree that you will not involve us in any dispute between you and any other Member (except to the extent that we agree in writing to get involved in any such dispute).
7.1 If you are a Host, you agree:
(a) to ensure that your Home is in a clean and tidy condition for your Guest and in the same or better condition than that shown in any photos included in your Listing;
(b) to hold appropriate insurance cover in respect of your Home (and its contents) for when Guests are staying there;
(c) at all times to treat your Guest with the utmost consideration, courtesy and respect; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Guest regarding any Exchange or Rental.
7.2 If you are a Guest, you agree:
(a) to treat your Host's Home with the utmost care, and leave it in at least the same condition that it was in when you arrived;
(b) to accept full responsibility for any damage whatsoever that you cause to the Home of your Host (or its contents), to notify your Host of any such damage within 24 hours and promptly to replace, repair or pay for the same (unless otherwise agreed);
(c) to hold appropriate travel insurance in place to cover you in the event that an Exchange or Rental is cancelled (whether by you or the Host) or the Home you have booked becomes uninhabitable and/or unavailable; and
(d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any Exchange or Rental.
8.1 The Service allows Members to communicate with and send messages to other Members (as well as users of the Website who have listed their Homes, but are not registered as Members) (Communications).
8.2 Communications are allowed solely for the purpose of arranging Exchanges or Rentals with other Members. You agree not to send Communications that are:
(b) advertising or other commercial promotions;
(d) charity requests or petitions; and/or
(e) otherwise inappropriate.
8.3 You also agree to abide by the restrictions set out in clause 4.5 when sending Communications.
9. Rights granted and reserved
9.1 Your use of the Service and its contents (whether as a Member or otherwise) grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of any third parties.
9.2 By submitting information, text, photos, graphics or any other content whatsoever to us in connection with the Service (for example, as part of a Listing or Communication) (Content), you grant us and our affiliates companies the right, on a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide basis, to use such Content at our own discretion in any media, including, without limitation, the right to store, edit, copy, reproduce, distribute, disclose and make such Content publicly available on the Service. You further waive any moral rights you may have in relation to such Content.
9.3 You agree that we can edit or take down from the Service without notice any Content you submit to us via the Website if we believe that it is in breach of these Terms (and will use our reasonable endeavours to promptly inform you of this). You also acknowledge that certain types of Content formats (for example, video files) may not be uploaded to the Service. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.
9.4 You warrant to us that any Content you submit to us via the Service will not infringe the IPR or any other rights of any third parties. In relation to any Content you submit which includes any personal information relating to other people, for example where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.
9.5 You acknowledge and agree that, although we alert other Members that they may not misuse your Content (for example, by using it for commercial or business purposes), we cannot guarantee this and accept no liability to you if it is so misused by other Members or any other third parties.
10. Fees and payment
10.1 If you are a Member, you confirm that you own the credit or debit card you provided us with details of when you became a Member (or any subsequent or replacement credit or debit card you ask us to use for payment of your membership fee and any other amounts payable by you in connection with the Service). All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be responsible for any non-provision of any aspect of the Service. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.
10.2 If you are a Host, you agree that we may act on your behalf (as your agent) for the limited purpose only of accepting, receiving and otherwise dealing with any fees that are due to, or repayable by, you under these Terms. This agency arrangement shall terminate immediately without notice when you cancel your membership (or otherwise cease to be a Member) and all due and outstanding payments have been made/received.
10.3 As part of the Service, we may provide a feature through which you may view fees for various Listings in foreign currencies. You acknowledge that these views of fees are for information purposes only and are not the official fees for Listings. If you request a Rental, you will be notified of the currency in which you will be charged, together with the corresponding amount of fees. The currency in which you will be charged will be determined by us based on the payment method you select and the location of the Home in the Listing. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, we will be responsible for the required currency conversion processing, including any costs of this, which will be calculated based on the most current applicable foreign exchange rate that we have uploaded to the Website as of the date and time that your Rental is accepted and confirmed by the Host (Applicable Exchange Rate). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs, but we may retain any profits (and will bear any losses) that result from this.
10.4 The various levels of membership for the Service and the corresponding membership fees may be set out on the Website or otherwise and are subject to reasonable change by us from time to time. Unless otherwise specified, no membership fee is payable during the Introductory Period (as defined in clause 11.1).
10.5 As the Service is classified as a digital service that is electronically supplied, if you are located within the United Kingdom or European Union we must charge you VAT calculated at the rate applicable to where you are ordinarily resident. All membership fees are stated inclusive of VAT, where applicable.
10.7 If an Exchange which has already been accepted and confirmed is cancelled by you, you will be liable for any loss suffered by the other party as result of such cancellation.
10.8 If you are a Guest:
(a) you agree to pay the Host the fee payable for renting their Home as set out in the relevant Listing (Accommodation Fee). As per clause 10.2, we take payment of the Accommodation Fee on behalf of the Host and are responsible for arranging the transfer of the Fee to the Host 48 hours following the start of the Rental (less any deduction we are entitled to make under clause 10.9(a)). The Host, and not us, determines the level of the Accommodation Fee (which may include a cleaning fee). Payment transfers may then take up to 10 days to clear, depending on the Host's bank;
(b) you agree to pay us a fee, in addition to the Accommodation Fee, equal to such percentage of the Accommodation Fee as is set out in the relevant Listing (Service Fee);
(c) we will charge you the Accommodation Fee and the Service Fee at the time you agree to a Rental;
(d) if you cancel a Rental which has already been accepted and confirmed by the Host, the Service Fee is always non-refundable. The return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy you agreed to for that Rental and we reserve the right to deduct from any Accommodation Fee returned to you any Host Fee (as defined in clause 10.9(a)) that was due to us in respect of the cancelled Rental. Please read all cancellation policies carefully;
(e) if the Host cancels a Rental which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at. If we find you an alternative Rental and you agree to it, we will use the Accommodation Fee you have already paid us to pay for that Rental. If we are unable to find you an alternative Rental or you do not agree to any alternative Rental found by us, we will refund to you the Accommodation Fee and the Service Fee previously paid by you; and
(f) if, at the beginning of or during a Rental, the Home is or becomes uninhabitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at during your remaining Rental period. If we find you an alternative Rental, we will use the Accommodation Fee you have already paid us to pay for that Rental, provided that we have not already paid such Accommodation Fee to the Host in accordance with clause 10.9(b). If we have already paid the Accommodation Fee to the Host, it will be your responsibility to pay for the alternative Rental, although we will use our reasonable endeavours to attempt to recover from the Host on your behalf some or all of the Accommodation Fee already paid by you.
10.9 If you are a Host:
(a) we may require you to pay us a fee equal to such percentage of the Accommodation Fee as we may specify from time to time (Host Fee). We will deduct the Host Fee (if applicable) from the Accommodation Fee due to you;
(b) subject to clauses 10.9(c), 10.9(d) and 10.9(e), we will arrange the transfer of the Accommodation Fee due to you (less the Host Fee, if applicable) 48 hours following the start of each Rental. Payment transfers may then take up to 10 days to clear, depending on the Host's bank;
(c) if the Guest cancels a Rental which has already been accepted and confirmed by you, the return to the Guest of any of the Accommodation Fee already paid by the Guest for that Rental will be subject to your cancellation policy. We will pay to you such part of the Accommodation Fee for that Rental as you are entitled to retain in accordance with your cancellation policy;
(d) if you cancel a Rental which has already been accepted and confirmed by you, you will no longer be entitled to the Accommodation Fee paid by the Guest in respect of that Rental, but the Host Fee (if applicable) will remain due and payable to us and you agree to pay us the Host Fee on demand. This amount will be recouped on your next booking agreed through the Service. If the cancellation was not due to events or circumstances beyond your reasonable control, we may immediately suspend or cancel your membership and access to the Service in accordance with clause 11.7(b);
(e) if, at the beginning of or during a Rental, your Home is or becomes uninhabitable and/or unavailable for your Guest to stay at due to events or circumstances beyond your Guest's reasonable control, we will only pay to you such proportion of the Accommodation Fee (less all of the Host Fee, if applicable) as relates to the period that the Home was suitable and available for your Guest. If we have already paid the Accommodation Fee to you, you will repay to us on demand such proportion of the Accommodation Fee as relates to the period that the Home was uninhabitable and/or unavailable for your Guest; and
(f) you will promptly in accordance with applicable deadlines account to Her Majesty's Revenue & Customs (or equivalent public authority in any jurisdiction to which you are subject) for all tax due from you in respect of the income earned by you pursuant to a Rental, including any applicable income tax.
10.10 For the avoidance of doubt:
(a) the currency symbol '£', when used on the Website, is a reference to pounds sterling (GBP), unless otherwise specified; and
(b) the currency symbol '$', when used on the Website, is a reference to US dollars (USD), unless otherwise specified.
11. Membership term and cancellation of membership
11.1 If you choose to become a Member, your membership will begin on the date we send you an email confirming your membership and, unless otherwise agreed, will continue for an initial free trial period of 14 days or as otherwise specified (Introductory Period), during which period you may change your mind and cancel your membership at any time by notifying us in writing or by emailing us at firstname.lastname@example.org, provided that we receive such notice or email by no later than the end of the Introductory Period. Please note that an amount of £0.01 or $0.01 may be debited from your credit or debit card in order to enable the Introductory Period.
11.2 Following the Introductory Period, if you have not told us that you wish to change your mind and cancel your membership, your membership will continue for a further period of 12 months or as otherwise specified (Subscription Period) (unless cancelled earlier in accordance with these Terms) and we will debit your credit or debit card for the relevant membership fee notified to you.
11.3 Your membership will automatically renew for a further period of 12 months or as otherwise specified (Renewal Period) at the then current membership renewal fee at the end of the Subscription Period or any subsequent Renewal Period (as applicable) unless you notify us in writing or by email sent to email@example.com at any time prior to the end of the Subscription Period or relevant Renewal Period (as applicable) that you do not wish your membership to renew. Such notice or email must be received by us by no later than the end of the Subscription Period or relevant Renewal Period (as applicable).
11.4 We reserve the right to increase membership fees at any time, and will notify you of this by email to the address you have provided in advance of any changes taking effect.
11.5 If your membership automatically renews as set out in clause 11.3, you will still be able to change your mind and cancel your membership by notifying us in writing or by emailing us at firstname.lastname@example.org, provided that we receive such notice or email by no later than the end of the fourteenth day following the date of such renewal. If you cancel your membership during such period, we will refund to you the membership fee in respect of such renewal if such fee has already been charged to your credit or debit card.
11.6 You can check the date of the next membership fee payment due from you and/or your renewal date at any time by going to the 'My Profile' section of the Website. We may also send this information to you by email from time to time.
11.7 We may immediately suspend or cancel your membership and access to the Service without notice and without refunding any fees if:
(a) you breach any of your obligations or restrictions under these Terms;
(b) you cancel an already agreed and confirmed Exchange (whether as a Guest or a Host) or Rental (as a Host) other than due to events or circumstances beyond your reasonable control; or
(c) if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time, or if you make an arrangement with your creditors or if your assets are the subject of any form of seizure.
12. Accessing the Website
12.1 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
13.1 All content on this Website is provided “as is” and “as found” and without warranties of any kind, either express or implied. Other than those warranties which, under UK and EU laws applicable to these terms, are implied by law and are incapable of exclusion, restriction or modification. We, and/or our affiliated or related entities, associates, or partners, or any company or companies within the Wyndham Worldwide group of companies, disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and infringement. Neither us, and/or our affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, nor any person involved in the creation, production and distribution of this Website, warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this Website is solely for your convenience, information and transactional capability only.
13.2 We do not warrant or make any representations regarding the results that may be obtained from the use of this Website, or as to the reliability, accuracy or currency of any content information, service and/or merchandise acquired pursuant to your use of this Website. We attempt to ensure that the content that you access on this Website at any one time is accurate. However, the content may include inaccuracies, typographical errors and omissions. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. Changes are periodically made to the content that you access on this Website with additions, deletions and amendments occurring thereto and improvements and/or changes may be made to the functionality, design or layout of this Website.
You expressly agree that use of this Website is at your sole risk. You (and not us) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither us, and/or our affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, nor any of its respective employees or agents, nor any person or entity involved in the creation, production and distribution of this Website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether indirect, punitive, incidental, special, or consequential), liability or other cause of any kind or character whatsoever based upon contract, tort, strict liability or otherwise arising out of or resulting from the use or attempted use of this Website or any other linked site, except in relation to liability, loss and damage for death or personal injury for which no limit applies.
13.3 By way of example and without limiting the generality of the foregoing, we, and/or our affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, shall not be liable for any claim, loss or damage arising out of or resulting from failure of performance of this Website, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or other materials appearing on this Website. You expressly acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of other subscribers or third parties.
13.4 We, and/or our affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, shall only be liable for direct loss arising out of or resulting from the use of this Website, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events.
13.5 The Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by us of the content contained in such third-party websites. We do not control or guarantee the accuracy or integrity of the content located on linked third-party websites. We are not responsible and assume no liability for the information, content or software of linked third-party websites and do not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk
13.6 This liability section applies only and to the greatest extent permitted by law.
13.7 This does not affect your statutory rights as a consumer.
14.1 You agree to indemnify, defend and hold harmless us, our associates or partners, or any company or companies within the Wyndham Worldwide group of companies, and their officers, directors, employees, affiliated or related entities, agents, subcontractors, suppliers and licensors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.
15. Security and linking
15.1 Information transmitted via the Service will pass over public telecommunications networks and we cannot guarantee the security of these.
15.2 Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only and your use of such other sites and resources is subject to the rules and policies of the relevant site or resource. Please read the rules and policies applicable to that site or resource before proceeding. We have no control over, nor do we endorse, the contents of those sites or resources nor any use of personal data by such third party and you acknowledge and agree that your use of them is at your own risk. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
16. Trademarks, Copyrights and Restrictions
This Website is owned, controlled, managed and operated by The Social Travel Club Limited (also referred to as Home For Exchange’) located at Holden House, 57 Rathbone Place, London, W1T 1JU, England.
16.1 All content on this Website, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by UK, EU, US and world-wide copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes), and are owned and controlled by Home For Exchange, and/or its affiliated or related entities, associates or partners or by the Wyndham Worldwide Corporation group of companies, including holding companies, subsidiary companies and sister companies (collectively, the "Wyndham Worldwide group of companies"), to which Home For Exchange and its various trading divisions belong; or by any third party content providers, agents, subcontractors, suppliers, merchants, advertisers, sponsors and licensors (collectively, "Providers") that have licensed their content on this Website or the right to market their products and/or services to Home For Exchange.
16.2 Content on this Website or any web site owned, operated, controlled or licensed by Home For Exchange's affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, or Providers, is solely for your personal, non-commercial use. You may print a copy of the content, but you may not modify, copy, display, perform, reproduce, republish, license, create derivative works from, transfer, upload, post, transmit, distribute, sell and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without the prior written consent of Home For Exchange, and/or its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies.
16.3 Without the prior written consent of Home For Exchange, and/or its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide group of companies, or Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of Home For Exchange, and/or its affiliated or related entities', associates' or partners', or any company's or companies' within the Wyndham Worldwide group of companies, copyrights, trademarks or service marks and other proprietary rights, is prohibited. As a condition to your use of this Website, you warrant to Home For Exchange that you will not use this Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
16.4 Given the unique nature of the internet and the need to secure Home For Exchange systems and proprietary technology, Home For Exchange reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Website or who violate these Terms. If you violate any of these Terms, your permission to use this Website immediately terminates without the necessity of any notice.
16.5 You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, web site any of the content or other materials on this Website without the prior written consent of Home For Exchange.
17.1 We may assign our rights, and/or transfer or sub-contract our obligations, under these Terms to another legal entity. These Terms are personal to you. You may not assign your rights, and/or transfer or sub-contract your obligations, under these Terms to anyone else.
17.2 Any failure or delay by us in exercising or enforcing any right available to us under these Terms does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17.3 If any provision of these Terms is disallowed or found to be ineffective, invalid, illegal or unenforceable by any court or regulator, the other provisions shall not be affected and shall continue to apply.
17.4 These Terms are not intended to give rights to anyone except you and us.
17.5 These Terms are governed by English law.
17.6 We will do our best to resolve any disputes with you arising out of, or in connection with, these Terms and your use of the Service. If, however, any such dispute cannot be resolved between us and either we or you wish to take court proceedings, the courts of England and Wales will, subject to clause 17.7, have exclusive jurisdiction over any claim arising from, or related to, these Terms (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland).
17.7 Nothing in clause 17.6 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
These Terms were last updated on 24 November 2017.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE SOCIAL CLUB LIMITED.