Welcome to MyHomeSwaps.com! The following set of terms, known as “Terms of Use,” delineate the respective rights and responsibilities of MyHomeSwaps.com, hereinafter referred to as “MyHomeSwaps,” and yourself, constituting a legally binding agreement referred to as the “Contract.”
This Contract governs your interactions with MyHomeSwaps.com, its affiliated websites collectively termed the “Website,” any MyHomeSwaps mobile applications designed for smartphones, tablets, and other smart devices collectively termed the “App,” and your utilisation of any Services as defined below. The “Portal” is the all-encompassing term for the Website, App, and Services. It’s important to note that your use of the MyHomeSwaps portal is also subject to the stipulations set forth in other documents and policies incorporated within these Terms. In the event of any inconsistency between these Terms and other terms or policies, these current Terms will take precedence, unless explicitly mentioned otherwise.
Please carefully review these Terms before accessing the Portal.
These Terms include clauses that restrict our liability and necessitate the resolution of disputes through mandatory arbitration, without a jury. By persisting in your use of the Portal as either a Visitor or a User, you are demonstrating your acceptance of these Terms. If you do not concur with these Terms, you are not entitled to access the Portal.
Here are the important points to consider:
- Users must be at least 18 years old and capable of entering into legally binding contracts to use the portal. By accessing the portal, Users confirm that they meet these requirements.
- Our services are available in most countries, but certain restrictions may apply based on your location. You agree to abide by local export control laws and any applicable export control laws in your jurisdiction. You also confirm that you are not in, a citizen of, or affiliated with a country or jurisdiction subject to government embargoes or sanctions, or designated as a terrorist-supporting country by the U.S. government. Furthermore, you certify that you are not and have never been listed on any U.S. government-prohibited, sanctioned, or restricted party list, including the Specially Designated Nationals And Blocked Persons List maintained by the U.S. Department of the Treasury.
- Your decision to host, swap, or travel is your own responsibility. Government agencies, like the U.S. Department of State, may issue travel advisories for specific countries or regions regarding safety, crime, and other potential risks to visitors. It is your duty, not MyHomeSwaps’, to consult these resources before traveling.
- We may update these Terms periodically, and such updates will apply to you if you continue to use the portal after the changes are published. If you disagree with the revised Terms, you will no longer have access to the portal. We will notify you of any alterations to these Terms via email, and if you do not agree with them, please cease using the portal.
- It is the responsibility of Users to determine which laws, regulations, and rules pertain to them and ensure they understand and adhere to these rules when offering their Accommodation for a swap. This includes determining whether any licenses, permits, or other registrations are required prior to entering into a swap. MyHomeSwaps does not provide legal advice to Users, so it is recommended to seek independent legal counsel if you have any questions about compliance.
- Hosts are solely responsible for providing Guests with all necessary information for the proper usage of the Accommodation, including its devices, features, and fixtures (e.g., pools, lights, HVAC systems). Communication in this regard is the responsibility of the Hosts.
1. TERMS USED
Here are the definitions provided for clarity:
– “Account” refers to the required user account for individuals, enabling them to become Users and access the Services provided by the portal.
– “Swap” represents the exchange of Accommodation between a Host and a Guest. Swaps can take one of three forms: mutual swaps involve both users exchanging their Accommodation; non-mutual reciprocal swaps occur between the two Users without simultaneous exchange; or unilateral swaps, which involve a transfer of HomeCoins, independent of any other Accommodation swap.
– “HomeCoins” (also referred to as “HC”) signify the points accumulated by Users.
– “Listing” denotes any Accommodation posted on the portal by a User, along with the User Content used to describe the Listing. Each listing is assigned a unique identification number on the portal.
– “Host” indicates a User offering their Accommodation as part of a swap.
– “Guest” signifies a User engaging in a swap with a Host.
– “User” represents a member who has acquired an annual membership to the MyHomeSwaps Service, providing them with unlimited access to swaps throughout the 12-month membership period.
– “Verified User” designates a User whose Accommodation address and identity (first and last name) have been confirmed by MyHomeSwaps through its verification service.
– “Accommodation” encompasses any permanent residential real estate, excluding temporary structures such as campers, boats, mobile homes, and others, for which a User holds the legal and/or contractual right to offer via the portal.
– “MyHomeSwaps Service” characterizes the Services offered by MyHomeSwaps to Users as delineated in this Terms and Conditions.
– “Verification” stands for the Service provided by MyHomeSwaps, which includes verifying the identities of Users using copies of identification documents and confirming User listings with copies of proof of Accommodation.
– “We,” “our,” and “us” refer to MyHomeSwaps.
– “I,” “you,” and “your” pertain to you, the User using the portal, whether through the Websites, the App, or the Services.
2. GENERAL USE OF THE PORTAL
Your use of the portal is contingent on your adherence to these Terms. When using the portal, you commit to:
- Not furnish false or deceptive information when establishing an Account or interacting with any Guest, User, or MyHomeSwaps. Additionally, you agree not to create multiple or fraudulent accounts.
- Refrain from posting on the portal or transmitting to others any material or communication that is defamatory, inaccurate, abusive, obscene, disrespectful, offensive, sexually explicit, threatening, harassing, racist, or illegal. This includes material that infringes upon or violates the rights of other parties, encompassing intellectual property rights and privacy and publicity rights.
- Avoid using the portal in a way that contravenes applicable laws, discriminates against other Users or third parties, engages in or supports fraudulent activities, or publishes/sends content or conducts behavior that could expose a Guest, User, or us to potential civil or criminal consequences.
- Abstain from uploading or transferring files that contain viruses, corrupted files, Trojan horses, malicious code, or any similar software or programs that may harm the operation of another person’s computer or facilitate unauthorized access.
- Not accept any payment from a third party in exchange for engaging in a commercial activity on the portal that contravenes the current Terms without express authorization from MyHomeSwaps.
- Refrain from interfering with another User’s Account, evading measures devised to prevent or limit access to the portal, or using bots or “scrapers” to gather content from the portal or from Users.
- Not collect or otherwise acquire and use information about other individuals, including email addresses, without obtaining their consent.
- Avoid offering any properties, including Accommodation, for rent through the portal.
You take complete responsibility for your utilization of all information found on the portal.
You possess the necessary authority to enter into this Agreement, create your listing, and make your Accommodation available for swap.
You bear full responsibility for your interactions and communications with other Users.
MyHomeSwaps maintains the right, though not the obligation, to oversee the use of, or access to, the portal with the objective of ensuring the overall safety of Users and/or the portal. This monitoring may also serve to ensure compliance with these Terms or any relevant laws, regulations, or orders issued by legal authorities. Users commit to cooperating in good faith by offering pertinent information and taking other reasonable actions as requested by MyHomeSwaps regarding investigations related to misuse of the portal, either by MyHomeSwaps or by legal authorities.
If you genuinely believe that a User is violating these Terms, or has engaged in inappropriate or unlawful conduct, it is your obligation to promptly report this User to MyHomeSwaps and, when applicable, to the relevant legal authorities. It should be noted, however, that reporting to MyHomeSwaps and/or legal authorities does not mandate a specific response from MyHomeSwaps, except as required by law.
Approval from MyHomeSwaps is essential for any web address or URL used in the portal. Email addresses and other contact information can only be included in approved sections within the Listing. All other mentions of specific web addresses, websites, email addresses, or phone numbers may be removed without prior notice.
Please be aware that the accuracy of translations provided by MyHomeSwaps cannot be guaranteed, and it is the responsibility of Users to verify the provided translations for their listings.
- Not engage in Accommodation swaps outside the portal when the Accommodation is listed on the portal.
- Adhere to the additional regulations and prohibitions outlined in these Terms.
3. RULES FOR MEMBERSHIP
You are prohibited from permitting others to access your Account, and you may not employ your Account for the advantage of others, such as registering a swap for a friend or any third party outside your household. Unless explicitly specified in these Terms, you are not authorized to offer or transfer your Account to any other individual or entity.
A. ACCOUNT CREATION
To register on the portal, you must initiate the process by creating an Account and providing the requested personal information, including but not limited to your first and last name, date of birth, phone number, and email address. A single Account may be established for your household, and you can choose to designate adult household members as authorized users of your Account.
Users are obligated to maintain their Account information accurately and up to date, with MyHomeSwaps disclaiming responsibility for any inaccurate or fraudulent information provided by Users. During registration, you must meet the following criteria:
(a) you must be at least 18 years old at the time of your Account registration;
(b) you must possess the legal or contractual right to offer the Accommodation via the portal, maintaining this right throughout your use of the portal;
(c) you must have the capacity to enter into a swap. Furthermore, a User’s Account is exclusively intended for their personal use, and no Account may be created for business or commercial purposes.
MyHomeSwaps retains the authority to decline, without explanation, recourse, or compensation, the registration of any User’s Account for any reason, at any time, according to its sole and absolute discretion.
Upon registration, Users are required to provide an email for authentication and set a password, which can only be altered upon the User’s request. Each User holds sole responsibility for safeguarding their login email and password, agreeing to maintain their confidentiality and refraining from disclosing them to any other party by any means, for any purpose. Users are individually responsible for any usage of their username or password by a third party and for any actions or statements made by a third party through their Account, whether fraudulent or not. Consequently, Users release MyHomeSwaps from any liability related to such claims.
Furthermore, MyHomeSwaps disavows any responsibility in cases of identity theft involving a User. If a User has reason to suspect fraudulent use of their identity or unauthorized use of their Account by a third party, it is their obligation to promptly notify MyHomeSwaps. In the event of a lost or stolen username or password, the User must expeditiously modify their username and/or password, with the User assuming sole responsibility for any associated damages.
You agree to create and/or use only one Account. Any exceptions to this rule necessitate prior written approval from MyHomeSwaps. Any Account established in violation of this regulation is subject to immediate suspension and/or termination.
Users are not and should not be regarded as employees, agents, joint ventures, or partners of MyHomeSwaps for any purpose. All Users act solely in their own capacity and for their own benefit, not on behalf of MyHomeSwaps. MyHomeSwaps does not exert control or direction over Users in any manner, and each User acknowledges and consents to posting an Ad or participating in a swap at their sole discretion.
B. ACCOUNT VERIFICATION
Upon a User’s creation of an Account, the MyHomeSwaps team initiates a verification process for the User’s name, address, telephone number, and email address.
In this regard, during Account creation, every User must submit proof of their address and a form of identification. MyHomeSwaps holds the discretion to either accept or reject the supporting documentation provided for verification.
The verification of a User’s phone number and email address is executed through an automated service. Any email address or phone number that has undergone verification will be marked as such in the respective User’s profile.
Once a User’s address, first and last name, telephone number, and email address have successfully passed verification, that User obtains the status of a “Verified User,” as indicated on their profile.
It is imperative to note that the mere verification of a User, or their email address and phone number, does not ensure the accuracy or authenticity of any content and listings offered by that User. MyHomeSwaps does not provide guarantees or assurances concerning Verified Users or their listings.
C. POLICY REGARDING ANTI-DISCRIMINATION
Discrimination holds no place within our portal. MyHomeSwaps is dedicated to fostering diversity and inclusivity at the core of our community, centered on trust and mutual respect.
We strictly prohibit any form of unlawful discrimination or hate speech among our Users.
By becoming a part of MyHomeSwaps, Users commit to embracing guests from all walks of life, regardless of their ethnicity, color, religion, national origin, language, sexual orientation, gender identity, marital status, or disability. Users are expected to actively strive to be welcoming, accommodating, and inclusive to every individual on our portal.
MyHomeSwaps retains the authority to suspend or terminate the membership of any User found engaging in behavior that is discriminatory, illegal, or contradictory to the fundamental values upheld by MyHomeSwaps.
It’s worth noting that specific jurisdictions may impose additional legal requirements that either expand or restrict civil rights protections. Compliance with MyHomeSwaps’ anti-discrimination policy is mandatory, and we encourage Users to reach out to our support team if they have any questions or concerns in this regard.
D. FOR LISTINGS
Hosts are obligated to maintain the accuracy and currency of their Listings, which includes:
– Ensuring the precision of any User Content contained in the Listing.
– Keeping the Listing’s description, location, and availability dates up to date.
– Providing information about any deficiencies and restrictions, including rules applicable to Guests.
– Supplying any other information as requested by MyHomeSwaps.
Each Accommodation can be associated with the Account of only one User, even if multiple individuals have a right to that Accommodation. Listings should not incorporate hyperlinks.
Specific terms and conditions featured in a User’s Listing must not contradict these Terms.
MyHomeSwaps retains the right to stipulate that certain essential information must be included in every Listing and that this information must be presented in a particular format within the Listing.
The placement of Listings in MyHomeSwaps search results may vary and depend on various factors related to the specifics of the Listing and the particular search conducted by the Guest. MyHomeSwaps does not guarantee the specific position of a User’s Listing in the search results.
All Users affirm and warrant that posting a Listing and accepting a swap for a Host’s Accommodation will not contravene any agreements the User has with any condominium association, homeowners association, cooperative agreements, or other such agreements. Furthermore, it complies with all applicable laws, which includes zoning laws, tax requirements, licensing or permit prerequisites, and any other laws, rules, or regulations pertaining to the Accommodation or Listing. Besides the Guest and their guests, all Hosts are responsible for their own actions or omissions, as well as those of anyone present in the Accommodation.
It is the duty of all Hosts to inform Guests about the presence of security devices such as alarms and video surveillance. MyHomeSwaps strictly prohibits the utilization of surveillance cameras or recording devices in private areas of the Accommodation.
E. CLOSING AN ACCOUNT
1. Closure of an Account by MyHomeSwaps
If a User violates these Terms or any other regulations established by MyHomeSwaps, engages in behavior contrary to our standards of good conduct, values, or ethics, or contravenes any law, rule, regulation, or court-issued legal order from a competent jurisdiction, MyHomeSwaps reserves the right, without providing justification or compensation, to take the following actions:
– Restrict the User’s access to the portal.
– Remove any User Content hosted on the portal.
– Close the User’s Account.
MyHomeSwaps may opt to close a User’s Account without prior warning or formal notice. The closure of an Account due to a breach of these Terms does not relinquish MyHomeSwaps’ right to assert any damages it may otherwise be entitled to in connection with such violation.
The termination of a User’s Account resulting from a violation of these Terms will result in the cessation of the User’s existing membership, if applicable, without any right to a refund, even in part.
MyHomeSwaps retains the authority to disconnect, terminate, delete, or clear your Account, along with all associated Listings and related information from the portal and our servers, if you have not logged into the portal for a duration determined by us, at our sole discretion.
2. Closing of an Account at the request of a User
Users of the portal have the freedom to terminate their registration on the portal at any time and for any reason by requesting the closure of their Account with MyHomeSwaps. This can be done without incurring any fees other than those associated with processing the closure request. To cancel an Account, a User must initiate the process by sending an email to: info@myhomeswaps.com or by utilizing the contact form on the website.
Users are permitted to cancel their Account for any reason within fourteen (14) days of the commencement of their membership, provided that no swap has been scheduled for that User.
This cancellation becomes effective three business days following the receipt of the request to close the Account by MyHomeSwaps. All future swaps will be canceled as a result. However, if a swap is currently in progress on the date of the request, the Account will not be closed until the swap and all associated transactions are finalized. MyHomeSwaps will confirm the closure by sending an email to the former User’s email address.
It’s important to note that a User’s request to close an Account will not lead to any refund, even in part, of amounts previously paid in relation to that Account.
Upon the closure of a User’s Account for any reason, any HomeCoins accumulated by that User will be forfeited.
In the event of the closure of a User’s Account and/or any other termination of these Terms, the provisions of these Terms that are reasonably expected to persist following the closure will remain in effect.
4. SERVICES OFFERED BY MYHOMESWAPS
Users are required to make payment for their membership prior to engaging in swaps in order to access the MyHomeSwaps Service.
The MyHomeSwaps Service encompasses the following services:
- The management and execution of swaps.
- The messaging service.
- The verification service as mandated.
- Personalized assistance available 24 hours a day, 7 days a week in case of an emergency.
All services provided within the MyHomeSwaps Service are bundled together and cannot be individually purchased.
A. SWAP MANAGEMENT AND EXECUTION
1. Description of the Service
MyHomeSwaps offers its Users a swap management service through its portal. This service enables Hosts to publish a Listing, presenting an opportunity to swap their Accommodation, while allowing Guests to review the Listings and reserve the Accommodation offered by a Host. MyHomeSwaps acts as a platform for connecting individuals with each other. When Users engage in a swap, they enter into a contract directly with each other. MyHomeSwaps is not a party to any swap, nor does it operate as a real estate broker or insurer. MyHomeSwaps does not act as an agent for any User during a swap. The swap management services provided by MyHomeSwaps are automated, and the interaction between Users is initiated solely based on their own efforts, with MyHomeSwaps refraining from intervention, except as explicitly stated herein.
Each swap establishes limited authorization granted by a Host to a Guest, allowing them to enter, occupy, and utilize the Accommodation for the specified period. To the extent permitted by applicable law, Hosts retain the right to re-enter the Accommodation, in accordance with the terms of the specific swap. In the event that a Guest fails to vacate the Accommodation at the conclusion of the designated swap period, Hosts are entitled to take any and all lawful measures to compel the Guest to vacate the Accommodation. Guests consent to pay, for each additional 24-hour period in which they have not vacated the Accommodation, all fees asserted by the Host concerning their failure to vacate.
Users who opt to engage in a swap via the portal do so of their own volition and assume full responsibility for their actions. Users agree not to conduct a swap of an Accommodation listed on the portal outside of the portal itself. Violation of this provision will result in the immediate closure of the Account. User information, including names, phone numbers, and addresses, should only be shared with another User when the swap is executed through the portal.
MyHomeSwaps provides no guarantee regarding the legality or proper execution of any swap between Users. Furthermore, MyHomeSwaps does not guarantee the availability of the Accommodation, the condition of the Accommodation, or any other conditions imposed by one User on another as part of a swap.
Users bear sole responsibility for the risks associated with providing or occupying an Accommodation as part of a swap. This includes the risk of property damage or theft of any furnishings. Hosts have the liberty to select the Guest who will use their Accommodation. Both Hosts and Guests should engage in preliminary communication to discuss and resolve any potential issues that may arise during a swap.
It should be noted that Guests are solely accountable for the actions or omissions of every guest present at the Accommodation, whether or not disclosed to the Host. Such guests must comply with the requirements and rules set forth by the Host and must be aware of and adhere to these Terms. Guests assert and warrant that they possess the legal authority to act on behalf of any minor involved in the swap. No minor may partake in a swap unless accompanied by a legally responsible adult.
2. HomeCoins
HomeCoin Swaps are facilitated through the use of previously acquired HomeCoins.
Users earn HomeCoins by engaging in various activities on the portal, such as registering their Account, completing their profile, sponsoring new Users, and participating in HomeCoin swaps. Users receive HomeCoins as a welcome gift after creating an Account and undergoing the verification process.
The number of HomeCoins acquired per swap varies based on MyHomeSwaps’ assessment of the Accommodation, which takes into account factors such as the number and type of beds, comfort, and location. Users may earn HomeCoins if they engage in a mutual swap (i) with another User whose Accommodation has a lower HomeCoins value than their own Accommodation, or (ii) with another User who stays in their Accommodation for a longer duration than their own stay. Users entering into a reciprocal swap may adjust the number of HomeCoins earned or used for that swap, provided that the HomeCoins per night do not exceed the HomeCoins suggested by the website.
For unilateral swaps, only the Host earns HomeCoins.
If a Guest lacks sufficient HomeCoins to participate in a specific Accommodation swap, they can purchase the required additional HomeCoins through the portal using a credit card. This can be accomplished by acquiring HomeCoin packs via the Users’ dashboard (Profile).
HomeCoins are non-transferrable, non-redeemable for cash or other items, and hold no intrinsic monetary value. HomeCoins cannot be transferred or divided, except as explicitly stipulated in the current contract, and they may not be pooled with other Users’ Accounts. Moreover, HomeCoins do not automatically transfer in cases such as inheritance, bankruptcy, or divorce. Any attempt to circumvent these rules through any means is strictly prohibited.
The management of all GuestPoint credits, debits, and other transfers is automated and does not involve any intervention by MyHomeSwaps.
3. Protections for the Host in case of Guest cancelation
If a Guest cancels an exchange, the Host has the choice to refund the HomeCoins, following the cancellation policy established by the Host. Each Host determines their cancellation policy, and the Guest must confirm acknowledgment before each HomeCoin exchange and adhere to it. Once past the refund date, the Host is not obligated to return the HomeCoins. However, if the Host chooses to issue a refund, they must contact MyHomeSwaps for assistance.
In the event of a Guest canceling due to an emergency and providing appropriate documentation, MyHomeSwaps may, at its discretion, consider returning the HomeCoins to the Guest, while allowing the Host to retain their corresponding HomeCoins.
4. Protection for Guest in case of Host cancelation
If a Host cancels a swap, MyHomeSwaps staff will use their best efforts to offer the Guest one or more alternative Accommodations to stay in instead. This is done by MyHomeSwaps actively reaching out to Users whose Listings are in the area of the swap and available. In this instance MyHomeSwaps will try to facilitate the swap by rewarding points directly to the accepting Host without the need for the Guest to use their HomeCoins. Their HomeCoins will be refunded to them. However MyHomeSwaps does not take any responsibility and will not be held accountable if a suitable swap cannot be found or if the swap is not accepted by the Guest. MyHomeSwaps is not and will not be obligated to refund the Host, the Guest or any other party any monetary refunds under any circumstances.
5. User protection in case of cancelation by MyHomeSwaps
MyHomeSwaps may, on occasion, find it necessary to cancel a swap due to an emergency or other circumstances that, at the sole and reasonable discretion of MyHomeSwaps, are essential to prevent harm to MyHomeSwaps, any User, or any third party, or for reasons outlined in these Terms.
In such situations, MyHomeSwaps may, at its sole discretion and based on the specific circumstances of the cancellation, choose to: (i) return the HomeCoins to the Guest; (ii) permit the Host to retain all HomeCoins associated with the swap; and/or (iii) issue other refunds or disbursements as it deems necessary, at its sole discretion.
6. Safeguarding Guests in Cases of Insufficient or Misrepresented Accommodations
An Accommodation is deemed inadequate or inaccurately described based on the following criteria:
(a) For any Accommodation:
– Lack of or intermittent electricity
– Lack of running water
– Absence of hot water
– Non-functional or absent refrigerator
– Non-functional cooking units (oven, stove, or microwave)
– Significant presence of pests (e.g., rats, cockroaches)
– No toilet or non-functional toilet
– Non-functional bathtub or shower
– Inability to close a door or window on the first floor that opens onto a public space (e.g., street or building courtyard)
– A damaged roof that fails to protect the interior of the Accommodation from rain
– Sleeping capacity less than the number of persons agreed upon in the swap
(b) For situations where it has been explicitly indicated that an item will be provided:
– Heating unable to maintain a temperature higher than 19°C in the rooms being used
– Air conditioning incapable of maintaining a temperature lower than 35°C in the bedrooms
– An unusable swimming pool (due to lack of water or water quality preventing swimming)
– No WiFi or non-functional WiFi
– Declared disabled access not provided for one of the following rooms: bedroom, kitchen, bathroom, toilet, living room
– Absence of an elevator or a non-operational elevator, if the Accommodation is located above the 3rd floor of the building.
If a Guest is offered Accommodation that is inadequate or inaccurately described, the MyHomeSwaps team will make every effort to provide the Guest with an alternative Accommodation that meets the basic services. This will be achieved by reaching out to other Users who have properties available during that period and proposing they consider the alternative swap. In this case, the alternative Host will receive a bonus of 5,000 HomeCoins in addition to the value of the original swap. MyHomeSwaps will credit the Host after the swap concludes.
7. Responses, ratings and reviews
After completing a swap, both the Host and Guest have the option to leave reviews of the Accommodation and submit a star rating. These reviews and ratings will be visible on the User’s Account profile and/or with the User’s Listing. Users are given a 30-calendar day window from the date of the review or rating publication to contact MyHomeSwaps and request the opportunity to respond to the review or rating.
It’s important to note that these reviews, responses, or ratings represent the opinions of individual Users, and MyHomeSwaps does not verify or guarantee their accuracy. Each User providing a review, response, or rating agrees to offer truthful information that is non-defamatory and free of offensive language. Reviews, responses, and/or ratings should not be created with the sole purpose of extortion. Users are not permitted to request other Users to leave false reviews, responses, or ratings.
MyHomeSwaps retains the right, at its sole discretion, to decline to post a review, response, or rating.
B. MESSAGING
MyHomeSwaps offers Users a complimentary messaging service to aid in facilitating swaps or sharing experiences related to prior swaps. It’s important to note that utilizing the messaging service, by itself, does not enable Users to engage in a swap. The messaging service operates automatically, and MyHomeSwaps does not play a role in these communications.
Users bear full responsibility for the information exchanged through the MyHomeSwaps messaging service. Any information shared between Users via this service is not binding upon MyHomeSwaps in any manner, and MyHomeSwaps does not assure the accuracy or completeness of any information provided.
C. VERIFICATION
MyHomeSwaps offers its Users the option to engage in swaps with Verified Users.
To become a Verified User, each User is required to provide proof of address and a form of identification to verify their name and address when creating an Account. MyHomeSwaps performs a manual verification process for these credentials, and the supporting documentation provided for verification may be accepted or rejected at MyHomeSwaps’ sole discretion. Additionally, an automated verification of the User’s phone number and email address is conducted.
Upon successful verification of a User’s address, first and last name, phone number, and email address, that User is designated as a “Verified User” on their profile. This verification process is a prerequisite for participating in swaps.
However, it’s essential to understand that the mere verification of a User’s credentials, email address, and phone number does not guarantee the accuracy or authenticity of any content or Listings provided by that User. MyHomeSwaps does not provide any warranties or representations regarding Verified Users or their Listings.
Once a User has completed the verification process, they are eligible to participate in swaps.
D. PERSONALIZED ASSISTANCE
MyHomeSwaps provides email support to Users during business hours twenty-four hours a day, seven days a week.
5. PAYMENT RATES AND TERMS
Visitors can register for free; however, access to the website is contingent upon their verification status, as highlighted above.
To engage in swaps, Users are required to subscribe to the membership. The MyHomeSwaps Service offers an annual membership, granting Users unlimited access to swaps (within the parameters of their available HomeCoins) during the specified membership period.
Users must pay an annual membership fee for unlimited swaps over a twelve-month period from the effective dates of membership. Userships automatically renew for successive 12-month periods unless canceled on or before the last day of the current period. If a User terminates their membership during the current period, no refund, even in part, shall be due.
Before confirming any paid membership service, Users are informed of the corresponding price and must accept it before proceeding with payment.
MyHomeSwaps reserves the right to change prices, with any such change becoming effective immediately upon notification and applying to future purchases made by Users. Temporary price changes may occur for promotional events or in connection with new Services, with such changes becoming effective on the date specified in the corresponding notification to Users. MyHomeSwaps may introduce new Services at any time, with or without notice.
It’s important to note that any payment made by MyHomeSwaps, whether to a Host or Guest, does not constitute a waiver, reduction, or release of a User’s liability for any damage, injury, or loss caused by that User or any other Guest, or for any other liabilities.
A. TAXES AND FEES
Prices are indicated in the currency of the User’s country of residence or, if unavailable, in U.S. dollars. Users bear the sole responsibility for settling all relevant taxes arising from their portal usage. MyHomeSwaps disclaims responsibility for any bank or credit card fees incurred by Users during payment for services through the portal.
The MyHomeSwaps Services and any other paid services invoiced by MyHomeSwaps to a User are not classified as digital services. They fall under Article 54 of Directive 2006/112/EC, exempting them from VAT at the place of use. Any applicable taxes will be computed based on MyHomeSwaps’ place of establishment.
B. MEMBERSHIP PAYMENTS
Users can complete their membership payments using credit or debit cards, as well as PayPal (subject to any extra terms and conditions stipulated by PayPal). MyHomeSwaps retains the right, at its discretion, to approve or decline payments made via check or wire transfer. All payments are deemed non-refundable.
C. MEMBERSHIP REFUNDS
Approved and authorized membership refunds by MyHomeSwaps will be processed using the User’s chosen payment method, with disbursement occurring no later than twenty (20) business days from the cancellation date. The refund will be issued within 20 days of the confirmed refund request by MyHomeSwaps in accordance with its Terms of Service (TOS), provided that no swap is scheduled or reserved on the User’s Account.
For annual memberships, the right to cancel applies at each renewal and must be exercised within fourteen (14) days from the first day of the membership renewal.
6. TYPE OF INSURANCE
Hosts bear the exclusive responsibility of acquiring and upkeeping valid homeowners, renters, or other insurance, as mandated by law, in connection with the swap and related equipment. This insurance must remain valid throughout the swap’s duration. Failure to uphold this insurance obligation may lead to the immediate cancellation of a Host’s Account. Additionally, MyHomeSwaps reserves the right to request prompt proof of such insurance and any pertinent information from Hosts. Failure to respond or provide accurate information in a timely manner may result in the cancellation of a User’s Account.
It is incumbent upon Users to assess and comprehend their individual insurance coverage and the coverage afforded by any other User involved in the swap, such as property and liability insurance. Users retain sole responsibility in case their participation in a swap breaches any agreement or policy with their insurance provider.
7. PURPOSE LIMITED ACCESS TO PORTAL AND CONTENT; STRICT NO SPAM POLICY
The portal, a service provided by MyHomeSwaps, a private organization, ensures that all information exclusively available to Users remains private and is not in the public domain. Exclusive content accessible only to Users is intended for the sole purpose of facilitating swaps between Users.
Usage of the portal for solicitation or commercial purposes is strictly prohibited. Data mining from the portal and/or the collection or storage of personal information about Users is not allowed. Any attempt to collect or use personal information of Users or contact information for purposes other than arranging a swap violates these Terms.
Inquiries and communications may undergo screening and filtering by MyHomeSwaps before transmission to Users. MyHomeSwaps is not accountable for undelivered requests or lost revenue resulting from such undelivered requests. While we may review private communications for compliance with these Terms, we treat them as private communications as required by applicable law. We reserve the right to remove, at our discretion, any content violating the law or these Terms. However, you remain solely responsible for the content you post and the communications you engage in.
MyHomeSwaps does not endorse or engage in the sending of unsolicited commercial emails (“SPAM”). We reserve the right to delete (without refund) the account of any User involved in SPAM mentioning MyHomeSwaps or its websites, URLs, or associated email addresses. MyHomeSwaps also reserves the right to delete (without refund) the account of any User using the platform for solicitations other than personal swap-related requests or responses. Violations of this policy may lead to severe penalties, and you release MyHomeSwaps from any liability for costs and damages resulting from such violations.
8. COPYRIGHT SAFEGUARDS AND INTELLECTUAL PROPERTY RIGHTS
A. USER CONTENT
Within the portal, there are sections where you or fellow Users can share information, like text, photos, images, or other content (“User Content”). We reserve the right to eliminate or decline any User Content, without prior warning or notice, that doesn’t align with the established rules or compromises the safety of the portal or other Users.
1. Ownership of User Content
User Content belongs to you or the individual who originated it. When you submit or post any User Content on the portal, you provide us with a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license. This license allows us to utilize, copy, perform, reproduce, promote, publish, modify, edit, enhance, display, and distribute the User Content, along with all copyrights associated with each photograph, video, image, or any information linked to your posting or other User Content. You grant us these rights freely, without any obligation for attribution of authorship, ownership, or similar acknowledgment. By posting User Content, you affirm that you possess the right to grant the rights and license outlined in this paragraph. Before posting any User Content, ensure you have obtained permission from the photo’s creator and any individuals featured in the photo. We retain the right to use your User Content without any requirement for confidentiality, attribution, or compensation to you.
2. Liability
It’s up to you to ascertain whether any User Content or information is safeguarded by copyright, trademark, trade secret, right of publicity, or other proprietary right. Unless information is in the public domain or you have explicit written permission, you commit not to upload, post, or transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the explicit consent of the owner of such rights. You bear sole responsibility for any damages resulting from copyright, trademark, trade secret, publicity rights, or other proprietary rights infringement or any other harm stemming from such submissions. You agree to indemnify, defend (at its request), and hold MyHomeSwaps harmless from any claims or losses arising due to your breach of this section. We provide no endorsement or responsibility, whether express or implied, and explicitly disclaim any responsibility for the behavior of Guests or Users or the content expressed in any User Content on the portal. Your use of the portal and the consumption of User Content is entirely at your own risk.
We retain the right to terminate your use of or access to the portal at our discretion, including, but not limited to, if we believe your conduct violates applicable law or is detrimental to the interests of MyHomeSwaps or its subsidiaries and affiliates.
B. PORTAL CONTENT
The portal encompasses documents, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (the “portal Content”) provided for your informational and general use.
1. Ownership of Portal Content
Except for User Content, all portal Content belongs to MyHomeSwaps or third parties from whom we license portal Content, safeguarded by the copyright laws of all countries. Trademarks, logos, service marks, and trade names are owned, registered, and/or licensed by MyHomeSwaps.
You commit not to alter or remove any proprietary notices from documents downloaded or printed from the portal. Additionally, you agree not to copy, modify, translate, display, distribute, upload, transmit, sell, redistribute, publish, or create derivative works of any content on the portal, including the portal and User Content, without our prior written consent, unless it’s your own User Content lawfully posted on the portal.
C. COPYRIGHT POLICY
We respect and will uphold intellectual property rights. If you believe that content for which you hold authorship has been copied in a manner constituting copyright infringement, kindly provide the following details to draw MyHomeSwaps’ attention:
- A physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work you claim has been infringed.
- Details on where the material you claim is infringing is located on the portal.
- Your address, telephone number, and email address.
- A statement from you expressing, in good faith, your belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement from you, made under penalty of perjury, affirming the accuracy of the information in your notice and your status as the copyright owner or one authorized to act on the copyright owner’s behalf.
9. CONFIDENTIALITY
For more information on our privacy practices, please read our Privacy Policy.
10. THIRD PARTY WEBSITES
The portal might include links to other sites maintained by third parties or incorporate services provided by third parties, referred to as “Third Party Services.” These Third Party Services are presented for your convenience. MyHomeSwaps, along with its subsidiaries and affiliates, lacks control and responsibility for the content, products, or services offered by Third Party Services or on related websites, as well as their terms of use or privacy policies. Users bear the sole responsibility for adhering to the terms of use and/or privacy policies of these Third Party Services. The inclusion of links to third-party sites does not imply acceptance of responsibility or serve as an endorsement, approval, or sponsorship of such sites or their content.
11. WARRANTY DISCLAIMER
Your use of the portal and any information obtained through it is at your own risk. MyHomeSwaps provides no warranties, whether express or implied, regarding the swaps, goods, or personal and property-related aspects included in the Listings or swaps on the portal. This lack of warranties extends to Listings, other Users, and any information contained on the portal, encompassing accuracy and non-infringement. MyHomeSwaps reserves the right, though not the obligation, to pre-screen, monitor, or remove User Content. While MyHomeSwaps utilizes tools and procedures to screen Users, it does not perform background checks, request references, or undertake independent verification of the information posted by Users on their Listings.
MyHomeSwaps makes no representations or warranties about the conduct of Users or Guests, or the suitability of a User’s property posted on a Listing, including compliance with laws, third-party agreements, or other regulations.
ACCEPTANCE OF RISK: By using the portal, you assume full responsibility and risk, including interactions with other Users, participation in swaps, and use of other Services. Your use of the portal is voluntary and carries inherent risks, with the portal and its functionality provided on an “as is,” “as available” basis.
MyHomeSwaps, along with its directors, managers, employees, agents, and license holders, disclaims all warranties, express or implied, to the fullest extent permissible by applicable law. This includes accuracy of portal information, its operation, and the content, features, materials, or products included therein. The MyHomeSwaps Parties disclaim implied warranties of merchantability and adequacy for a particular purpose, non-infringement of intellectual property or proprietary rights, and freedom from error, viruses, bugs, or other harmful components.
Continuous and uninterrupted portal availability or accessibility cannot be guaranteed, and MyHomeSwaps has the right to restrict or limit access for server protection or maintenance. Opinions, advice, statements, offers, or other information on the portal, not directly from us, belong to their respective authors and should not be solely relied upon.
We do not guarantee the accuracy, completeness, or usefulness of portal information and are not responsible for opinions, advice, or statements by parties other than us. We shall not be liable for any loss or damage resulting from reliance on information or content posted on the portal or delivered to Users.
12. LIABILITY
MyHomeSwaps cannot be held accountable for any damages arising from Listings, swaps, or portal use, including but not limited to direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages. These damages may involve loss of use, data, profits, clientele, business interruption, or any personal or bodily injury, as well as emotional distress connected with these Terms, your portal use, communication or meetings with other Users, your Listing publication, or swap participation (as Host or Guest).
This liability may arise from warranty, contract, tort, negligence, strict liability, or other grounds, even if MyHomeSwaps is made aware of the potential for such damages. Furthermore, the responsibility for key swapping rests solely with the Owner, absolving MyHomeSwaps of any liability.
These limitations on compensation are integral components of the agreement between MyHomeSwaps and each User. In jurisdictions where certain disclaimers, exclusions, or limitations may not apply, MyHomeSwaps’ liability is limited to the fullest extent permitted by applicable law.
13. RELEASE OF LIABILITY
You acknowledge and agree to absolve MyHomeSwaps of any responsibility for direct or indirect injury or damage resulting from your property use, a Guest use of your property, or your use of a Host’s property. This includes, but is not limited to:
(a) Claims of injury or damage arising from your property.
(b) Claims stemming from a real estate transaction in which you are a party, including those involving guests and minors.
(c) Violations of these Terms of Use or the Privacy Policy by you or users of your computer or Account.
(d) Allegations that your use of the portal infringes on a third party’s rights.
(e) Misrepresentation or misuse of the portal by you.
(f) Claims arising from interactions with other Users or their guests, regardless of portal involvement, including breaches of swap agreements.
(g) Violation of any law, rule, or regulation in any applicable jurisdiction.
You agree to bear all costs, damages, and expenses, including reasonable attorneys’ fees, associated with or arising from any such claim, suit, action, or proceeding related to these claims.
14. DISPUTE MANAGEMENT
A. THIRD PARTY DISPUTES AND EXEMPTION
You assume full responsibility for any claims, demands, or damages resulting from the violation of third-party agreements or obligations applicable to you or your property. These include, but are not limited to, licenses, leases, insurance policies, homeowners association bylaws, condominium or cooperative board rules, and state and local laws. By releasing MyHomeSwaps, you waive all claims, demands, and damages, both actual and consequential, known and unknown, arising from any third-party agreement or obligation relevant to you or your property.
B. ARBITRATION AGREEMENT
In the event of a problem or dispute with MyHomeSwaps, you commit to allowing MyHomeSwaps an opportunity to address and resolve the issue. This provision specifically pertains to problems or disputes arising between you and MyHomeSwaps under these Terms or our Privacy Policy, excluding any disputes with other Hosts or Guests. You can submit a written description of your problem or dispute to: info@myhomeswaps.com. If, for any reason, your issue remains unresolved within ninety (90) days of MyHomeSwaps receiving your written description, you agree to the arbitration provisions outlined below. We will make diligent efforts to informally resolve any claims, complaints, disputes, or disagreements you may have with us.
In accordance with applicable law, by accepting these Terms and utilizing the portal, you consent to the resolution of any dispute between you and MyHomeSwaps, arising from or related to these Terms or our Privacy Policy, through arbitration (“Arbitration”). This process will be overseen by a retired superior court judge or an impartial individual in a recognized court of law if the dispute remains unresolved within ninety (90) days.
Both you and MyHomeSwaps mutually agree that all claims will be subject to arbitration on an individual basis, without consolidation with any claim or controversy involving any other party in an arbitration proceeding.
The arbitration proceedings will be conducted in English. The arbitrator is empowered to grant compensation available in a court of law or equity, and any award issued by the arbitrator will be final and binding on both parties. However, the arbitrator is not authorized to award punitive or exemplary damages, a waiver both parties acknowledge. The arbitrator must apply the applicable law and the provisions of these Terms (or our Privacy Policy, if applicable), and any failure to do so will be deemed an abuse of the arbiter’s power and grounds for judicial review. The arbitrator’s decision will include a written explanation and will remain confidential.
Should any provision within this arbitration agreement, as outlined in this section, be deemed unenforceable, said provision will be removed, and the remaining terms of arbitration will be upheld (without permitting collective, representative, or private arbitration by the attorney general). Regardless of any statute or law to the contrary, notice of any claim arising from or related to these Terms must be given within one (1) year following the occurrence of such claim, or it will be forever barred. Moreover, this section does not prevent a party from seeking interim relief in favor of arbitration in a court of appropriate jurisdiction.
This section will endure even after removal from the portal. If it is determined that the aforementioned arbitration provisions do not apply to you, a particular claim, or controversy, either due to your decision, an arbitrator’s decision, or a court order, you agree that the claim shall be exclusively resolved in a state or federal court located in the country where MyHomeSwaps has been registered.
You retain the right to withdraw from this arbitration agreement. If you disagree with this binding arbitration provision in connection with a specific interaction on the portal, you may, within thirty (30) days from the date of such interaction, withdraw from that portion of the agreement by sending an email to info@myhomeswaps.com. Any opt-out received after the thirty (30) day period will not be valid, and you must pursue your claim through arbitration in accordance with these Terms.
The parties are obligated by the outcomes of the arbitration, and the results are final. You agree to accept service of process via email to the email address registered on the portal. Each party shall bear their own costs of arbitration. In any action arising from or relating to this Agreement, the prevailing party is entitled to recover costs, expert witness fees, attorneys’ fees, and arbitrator’s fees.
Void where prohibited by law. MyHomeSwaps reserves the right to restrict the provision of its services to any person, geographic area, or jurisdiction and/or limit the quantities of any service offered on the portal. Any service offer made on the portal is void where prohibited.
C. WAIVER OF JURY TRIAL; NO CLASS ACTION
MyHomeSwaps and every User mutually acknowledge and consent to relinquishing the right to a jury trial for any disputes subjected to arbitration. They further acknowledge and agree to forgo the right to partake as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or any other representative proceeding for disputes. Additionally, no designated arbitrator is permitted to oversee any class or representative proceeding. Should this paragraph be deemed inapplicable to any dispute, the entire Arbitration Agreement will be considered null and void for that particular dispute.
15. VARIOUS CONSIDERATIONS
A. DIVISION
Should any portion of these Terms be deemed unlawful, invalid, unenforceable, or prohibited by any applicable law or regulation, such provision or part will be considered as not forming part of the agreement between us. The legality, validity, or enforceability of the remaining provisions of these Terms shall continue to be in full force and effect.
B. ABSENCE OF WAIVER
MyHomeSwaps reserves the right to exercise any right, power, or privilege under these Terms at its discretion. The failure or delay in exercising any such right, power, or privilege shall not be construed as a waiver, and any single or partial exercise shall not hinder subsequent or further exercises, nor shall it impact the exercise of any other right, power, or privilege under these Terms.
C. HEADERS
The headers in these Terms are for convenience only and have no legal or contractual effect.
B. CESSATION
MyHomeSwaps has the right to assign its rights under this Agreement without requiring your prior consent and without providing notice to you. However, you cannot transfer these Terms without obtaining the prior written consent of MyHomeSwaps.
E. AMENDMENT
MyHomeSwaps retains the right to amend, remove, or add to these Terms at its discretion, at any time, with or without prior notice. The latest update date for these Terms is displayed at the top of this document. All modifications take effect immediately. It is advisable to review these Terms of Use whenever you visit or use this site.
F. ENTIRE AGREEMENT
These Terms, along with the Privacy Policy, GDPR and the Cancellation Policy, encompass the entire agreement between you and MyHomeSwaps regarding the discussed subject matter.
They override all prior or concurrent representations, discussions, negotiations, letters, proposals, agreements, swaps, and understandings—whether oral or written—between you and MyHomeSwaps concerning the subject matter in question.
G. CONTACT
If you have any questions or concerns regarding these Terms, please contact us by email at info@myhomeswaps.com.