1 Introduction
1.1 Welcome to the Swapadoo website (the "Website"). The Website is owned and operated by Swapadoo Limited, a company registered in England and Wales under the registration number 06385289. ("Swapadoo").
1.2 These terms and conditions set out the rights and obligations of users of the Website and of Swapadoo in providing the services offered under the Website. Please read these terms and conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by these terms and conditions in full. If you do not accept these terms and conditions in full, then you must leave the website immediately.
1.3 Some of the services provided by Swapadoo under the Website will only be accessible by users of the Website who have registered with Swapadoo as "Members".
1.4 Swapadoo may from time to time modify these terms and conditions and so you should review these terms and conditions every time that you access the Website. Where modifications to these terms and conditions affect the Member Services, Swapadoo shall use its reasonable endeavours to inform Members of such changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
2 Licence
2.1 You acquire no rights or licences in or to the Website other than the limited right to use the Website in accordance with these terms and conditions. Other than in accordance with these terms and conditions, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any of the Website.
2.2 You are permitted to print and download extracts from the Website for your own personal use on the following basis:
2.2.1 you make only personal, non-commercial use of such printed or downloaded materials;
2.2.2 no documents or related graphics on the Website are modified in any way;
2.2.3 no graphics on the Website are used separately from the corresponding text; and
2.2.4 Swapadoo's copyright and trade mark notices and this permission notice appear in all copies.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website including without limitation text, content, software, video, music, sound, graphics, photographs (other than photographs uploaded by Members), illustrations, artwork, logos, trademarks, service marks and other material (other than content uploaded by users) is owned by the Swapadoo or its licensors or affiliates.
2.4 You may not use any of Swapadoo's trade marks without Swapadoo's express consent.
2.5 Subject to the above, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Swapadoo's prior written permission.
3 Membership
3.1 Membership is intended to be used as a forum for the exchange of information between members for the purpose of temporarily exchanging accommodation for leisure purposes, by mutual agreement and free of any commercial arrangement. Commercial activity by members is not permitted on the website without express permission from Swapadoo.
3.2 Memberships are provided for an annual registration fee as stated at the time of registration. Membership will expire 12 months after the date of payment. Renewal reminders will be sent to the email address provided and membership records will be retained and be available for reactivation for up to 12 months from the date of expiration. Membership may be cancelled at time. Memberships are non refundable and non transferable.
3.3 Each membership is for a single user only. Swapadoo does not permit you to share your user name and password with any other person nor with multiple users on a network.
3.4 Responsibility for the security of any passwords issued rests with the Member.
3.5 Members must provide accurate personal details, where required. Members found to provide false or incorrect information may have their membership cancelled without refund.
3.6 Members using the Website for purposes other than those outlined in 3.1 will have their membership terminated without refund.
4 Access to the Website
4.1 Swapadoo will use all reasonable endeavours to ensure that the availability of the Website will be uninterrupted. However, Swapadoo do not guarantee that the Website will always be available.
4.2 It will sometimes be necessary for Swapadoo to suspend or restrict access to the Website to allow for repairs or maintenance tasks to take place or for the introduction of new facilities or services. Swapadoo will attempt to limit the frequency and duration of any such periods of suspension or restriction.
5 Changes to the Website
5.1 Swapadoo has the right to change the content or technical specifications of any aspect of the Website at any time at Swapadoo's sole discretion. You further accept that such changes may result in your being unable to access the Website.
6 Links to and from other Websites
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Swapadoo has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Swapadoo therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7 User submitted material and conduct
7.1 Members may upload text and Photographs to their profile and may send through the Website messaging system, electronic messages to other Members;
7.2 Members and other users may only post Member Photographs and User Generated Material in accordance with these terms and conditions and Members and other users of the Website take full responsibility for any Member Photographs and User Generated Material that they have posted and any consequences that posting such material may have.
7.3 Swapadoo take no responsibility for Member Photographs and User Generated Material posted on the Website and any opinions expressed by users that are posted on the Website are the opinions of the authors of such opinions and are not endorsed by Swapadoo.
7.4 By uploading Photographs, text or posting User Generated Material to the Website, Members and users automatically grant Swapadoo the right, royalty free, to publish such material on the Website, reproduce such material for the purposes or promotion and advertising of the Website and store such material in electronic form during the term of any membership and for a reasonable further period.
7.5 Any Member Photographs, text or User Generated Material are uploaded or posted entirely at the risk of the Member or user. Although Swapadoo shall endeavour to safely store Member Photographs and User Generated Material, Swapadoo shall not be liable for any Member Photographs or User Generated Material uploaded or posted onto the Website that are damaged, lost, deleted, corrupted or otherwise changed whilst being stored on the Website by Swapadoo. Swapadoo strongly recommends that Members also store their digital photographs on compact disk or other appropriate storage media.
7.6 Members and users are prohibited from posting or transmitting to or from the Website or to other Members through the Website messaging system any material which:
7.6.1 is defamatory of any person;
7.6.2 is obscene, offensive, hateful or inflammatory;
7.6.3 is sexually explicit;
7.6.4 promotes violence;
7.6.5 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.6.6 infringes any copyright, database right or trade mark of any other person;
7.6.7 is likely to deceive any person;
7.6.8 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.6.9 is threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
7.6.10 may be likely to harass, upset, embarrass, alarm or annoy any other person;
7.6.11 is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
7.6.12 gives the impression that the material emanates from Swapadoo, if this is not the case;
7.6.13 advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
7.6.14 the Member has not obtained all necessary licences and/or approvals;
7.6.15 constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
7.6.16 is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.7 You may not misuse the Website (including, without limitation, by hacking).
7.8 Swapadoo has no obligation to monitor User Generated Material and Member Photographs posted on the Website. If you believe that any material posted on the Website is defamatory or infringes any third party intellectual property rights, then please notify Swapadoo immediately by using the email address or postal address listed under the "Contact Us" section of the Website.
7.9 Failure of a Member or other user to comply with these terms and conditions may result in suspension of any membership without refund.
7.10 Swapadoo will inform any relevant public authority and release to them the membership information for any Member where it is believed that the Member's actions may be unlawful or are intended to produce or procure an unlawful outcome.
8 Swap Agreements
8.1 Swapadoo allows members to view each others profiles for the purpose of agreeing mutual member to member accommodation swaps for leisure purposes.
8.2 In this role Swapadoo acts purely as a forum of introduction. No recommendation, warranty or guarantee is offered by Swapadoo in respect of any claim, offer or arrangement made by any member with or to another member. It is incumbent on the member to take all precautions to ensure that any claim offer or arrangement proposed to them by any other member is both accurate and suitable for their purposes.
8.3 It is the responsibility of the member to ensure that any swap offer that is made by them or to them is correct and accurate in all respects. Swapadoo is not liable for any misrepresentation within, or the failure of any swap agreement between members through whatever cause.
8.4 Swapadoo protects all the personal information of Members, other than that shown with their viewable swap offer. Communication with other members through the Swapadoo messaging system protects members identity. Members can agree to share, on an individual basis, their personal details with "Swapadoo Friends" or may reveal personal details in communication with other members. Swapadoo is has no control over information shared in this way and is not liable for any circumstance arising from the use of this information by, or through the actions of, the member with whom it was shared.
9 Storage of Information, Privacy & Confidentiality
9.1 Swapadoo Limited are committed to protecting and respecting your privacy. For the purpose of the Data Protection Act 1998, the data controller is Swapadoo Ltd. Contact details: privacy@swapadoo.com.
9.2 Swapadoo may collect and process the following data about you:
9.2.1 Information that you provide by filling in forms on and uploading pictures or other information to the Website. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information if you report a problem with our site.
9.2.2 If you contact us, we may keep a record of that correspondence.
9.2.3 Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
9.3 We may use cookies to collect information about your computer, including where available your IP address, operating system and browser type, for system administration purposes and to report aggregate non personal information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
9.3.1 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
9.3.2 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. Please note that our advertisers and affiliates may also use cookies, over which we have no control.
9.4 In the event that we sell or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.
9.5 We may disclose your personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms and conditions and other agreements; or to protect the rights, property, or safety of Swapadoo, our members, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
9.6 Payment Transactions for Membership of the Website are handled by a verified third party appointed by Swapadoo. Such transactions are handled within a secure system beyond the control of Swapadoo. Swapadoo does not retain any credit card numbers or related information.
9.7 In the UK The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs
10 Warranties and Disclaimer
10.1 While Swapadoo endeavours to ensure that the information on the Website is correct, Swapadoo does not warrant the accuracy and completeness of the material on the Website. Swapadoo may make changes to the material on the Website, or to the services described in it, at any time without notice. The material on the Website may be out of date, and Swapadoo makes no commitment to update such material.
10.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind, to the maximum extent permitted by law
10.3 Swapadoo does not warrant that the Website will be compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or Trojan horses and Swapadoo is not liable for any damage that you may suffer as a result of such features.
11 Limitation of Liability
11.1 You acknowledge that your use of the Website, is at your own risk. If you are dissatisfied with the Website or these terms and conditions, your sole remedy is to discontinue use of the Website.
11.2 Swapadoo, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
12 Indemnity
12.1 You agree to indemnify, defend and hold harmless Swapadoo, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against Swapadoo, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceedings brought against Swapadoo, its employees, representatives, suppliers, or agents is based on or arise in connection with:
12.1.1 your use of the Website;
12.1.2 any breach by you of these terms and conditions;
12.1.3 a claim that any use of the Website by you:
12.1.3.1 infringes any intellectual property rights of any third party, or any right of personality or publicity; or
12.1.3.2 is libellous or defamatory, or otherwise results in injury or damage to any third party;
12.1.4 any deletions, additions, insertions, or alterations to, or any unauthorised use of the Website by you;
12.2 References in these terms and conditions to your use of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer.
13 Local Laws and Regulations
13.1 The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those users in respect of whom such prohibitions apply must not access the Website.
13.2 Swapadoo does not represent that either the Website or the content appearing on the Website are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
14 Governing Law and Jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.