Information about SwapNights.com

Terms of use


Our Worldwide Sharing Community is Fair and Friendly

The SwapNights.com community is a friendly association of accommodation operators worldwide.

We value friendliness and fairness in our community and our terms and conditions are designed to facilitate these important qualities. Join us today and you will feel supported and respected by a caring team and a vibrant community of owners.

Terms and Conditions of Use

In using this website you are deemed to have read and agreed to the following terms and conditions and privacy statement:


The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You", "Your", “Member”, “Guest” and “Owner” refers to you, in the relevant context, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Us" and “SwapNights.com”, refers to our Company trading as SwapNights.com, our assignees, licensees or licensors as relevant in the context. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by email, phone or formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company or its contractors from time to time on a need to know basis only use any information collected from individual members. We constantly review our systems and data to ensure the best possible service to our members. We will take all necessary steps to maintain your privacy. The Privacy Policy can be viewed here

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other when disclosed to and agreed by you or if legally required to do so to the appropriate authorities. Members have the right to request sight of, and copies of any and all Member Records we keep that pertain to them, on the proviso that we are given reasonable notice of such a request. Members can log into their account to view and alter this information at any time. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer, Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: - excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and - excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Stripe is the accepted payment processor on this website for payment of Booking Fees or purchase of ‘Top Up’ SwapNights. Stripe does not share credit card details with SwapNights.com. Once made, payments are non-refundable unless otherwise provided in these terms and conditions. Payments to Owners for any Incidentals Fee is a separate transaction that is not facilitated by the website other than to allow the owner to advise the Guest of such as fee but regardless is a transaction between the Owner and the Guest, not SwapNights.com.

Termination of Agreements

Both the Client and SwapNights.com have the right to terminate any Membership for any reason (refer to this Help article for how to delete your account). SwapNights.com has the right to place a listing on hold or remove any users from SwapNights.com and terminate their right of use of the service without any specific reason and without being liable for compensation.

Other Terms of This Agreement

For ease of reference, other key terms of this agreement are stated on specific pages of the website or the website’s support website and they form a part of these Terms and Conditions and these Terms and Conditions should be read in conjunction with the following, inter alia:

How SwapNights Works


SwapNights Fees

Trust & Safety

Verification

Cancellation Policy

Earning SwapNights by Social Sharing

‘Top Up’ SwapNights


SwapNights.com Blog - where the post states it forms part of or alters, or it can be reasonably implied the post forms part of or alters, these Terms and Conditions.

Email Communications sent to a member or members - where the email states or it can be reasonably implied the email content in whole or part forms part of or alters these Terms and Conditions.

Support Portal

Log Files

We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company's website and/or its ISP or third party plugins uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. Use of this site is deemed to be acceptance of the use of cookies.

Links to this website

You may create a link to any page of this website without our prior consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company's services, identity, names, special terms and the full content of this website. This Company's logo is a trademark of this Company. The brand names and specific services of this Company featured on this web site are our commercial intellectual property.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website. This company is Invermay Investments PL ATF The Invermay Investment Trust TA The Invermay Press and the brand name is www.SwapNights.com and the company is registered in Australia, ABN Number 44 073 548 573.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Australia govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our blog. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement using this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

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