Terms And Conditions

Access and Use of Website

This website (the "Site") is operated by Leftfield Publishing Pty Ltd (Australian Business Number 24 119 103 477).

Switch Home Swap Holidays (referred to as "Switch HSH") is a division of HomeLink Australia (referred to as "HL Australia"). HomeLink Australia is a registered business name of Leftfield Publishing Pty Ltd, and an affiliate of HomeLink International Associates (referred to as "HLIA"), an association registered in Brussels, Belgium.

Your access to and use of the Site is conditional upon your acceptance of these terms and conditions (which govern your use of the Site), Switch HSH's privacy policy ("Privacy Policy") and any other terms and conditions contained on the Site ("collectively referred to as the "Agreement"). Your use of the Site constitutes your acceptance of the Agreement and any variations to it.

Unless otherwise specified, the Site and the material provided on the Site are for promoting services available worldwide from business operations within Australia. If you visit the Site from other locations or countries, you do so at your own risk and are responsible for compliance with all applicable local laws.

You are prohibited from using the Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct.

Password and User ID

You will be requested to choose a password to access the Members-only area of the Site and Switch HSH will allocate a user identification ("User ID") to you. You will be required to use your password and user ID each time you log on to the Site. Switch HSH may assume the authenticity of and may act upon any instructions given by any person who uses your password or User ID.

You must comply with all directions issued by Switch HSH pertaining to use of your password or User ID. Your User ID will be published in the directory, in both the online and printed versions, and should be included in all your correspondence with Switch HSH and other registered members. You must not disclose your password to any other person and Switch HSH holds you responsible for keeping your password strictly confidential.

You will be held responsible for all transactions conducted using your password or User ID including all transactions a third party conducts using your password or User ID, irrespective of whether you have disclosed your password or User ID to that third party either intentionally or through carelessness. You must notify Switch HSH immediately if you become aware that your password or User ID has been compromised or that there has been unauthorised use of your password or User ID.

Security of Information

Unfortunately, no data transmission over the Internet is totally secure. Accordingly, Switch HSH does not warrant and cannot ensure the security of any information which you transmit to Switch HSH. Accordingly, any information which you transmit to HL Australia is transmitted at your own risk. Nevertheless, once Switch HSH receives your transmission, it will take reasonable steps to preserve the security of such information.

Limitation of Liability

Switch HSH does not warrant that your access to or use of the Site will be continuous, uninterrupted or totally secure. The Site may not be available from time to time due to upgrades or maintenance carried out in relation to the Site.

You acknowledge that disruptions to the operation of the Site may occur which are outside Switch HSH's control and which may affect your access to or use of the Site.

Neither Leftfield Publishing Pty Ltd, HLIA, HL Australia, Switch HSH, nor their employees, officers or agents, will be liable for any loss or damage (including without limitation, any consequential loss or damage) suffered by you arising directly or indirectly from your inability to access the Site, your operation of the Site or in relation to any services offered through the Site. In no circumstances will Leftfield Publishing Pty Ltd, HLIA, HL Australia, Switch HSH, nor their employees, officers or agents be liable to you or any third party for any indirect or consequential loss arising from damage caused to your computer or computer files as a result of your use of the Site or resulting from loss of data, loss of profits or business interruption even where Switch HSH has been advised of the possibility of such damages.

Payment of Fees

You agree to pay Switch HSH a non-refundable fee equal to the number of days of accommodation received by you, multiplied by the daily rate as stated on the Site and in other promotional materials. The daily rate and the accepted payment currency are subject to change, and you will receive prior notification of any such changes.

You agree to make payment of fees upon each occurrence of your reaching an agreement with another Member of the Site to conduct a transaction in which you will receive accommodation.

Switch HSH may suspend or terminate your access to or use of the Site if payment of fees is not made within 7 days of your reaching an agreement with another Member of the Site to conduct a transaction in which you will receive accommodation.

Currency Conversion

If your payment of fees involves a currency conversion, it will be completed at a foreign exchange rate determined by a financial institution, which is adjusted regularly based on market conditions. The exchange rate is adjusted regularly and may be applied immediately and without notice to you.

Where your payment is funded by a Debit or Credit Card, your card issuer will determine the foreign exchange rate to apply to the payment. You will not be informed of the foreign exchange rate or any additional foreign exchange fees applied until you are billed by your card issuer.

Indemnity

You indemnify and agree to keep Switch HSH, its affiliates, officers, employees and agents indemnified against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by Switch HSH, directly or indirectly as a result of any breach of your obligations under the Agreement.

Disclaimer

Your use of the Site and information on the Site is at your own risk. The information appearing on the Site is for general information only and is subject to change. Switch HSH does not warrant that information contained on the Site is complete, accurate, or up-to-date. To the extent permitted by law, neither Leftfield Publishing Pty Ltd, HLIA, HL Australia, Switch HSH, nor their officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by you or claims made against you by reason of your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site.

To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded.

Where any legislation implies a condition or warranty, and that legislation prohibits Switch HSH from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Switch HSH 's liability will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again.

Neither Leftfield Publishing Pty Ltd, HLIA, HL Australia, Switch HSH, nor their employees, officers or agents, nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site or any linked websites ("Linked Sites").

Site Content

Copyright in the Site (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned or licensed by Switch HSH.

You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the Site except as permitted by statute or with Switch HSH's prior written consent.

Trade Marks

All trade marks and logos on the Site ("Trade Marks") are owned or licensed by Switch HSH. You may not use, reproduce or alter the Trade Marks in any manner whatsoever except with the prior written consent of Switch HSH. Nothing on the Site will be construed as granting to you or any other person, any right, title or interest in the Trade Marks.

Linked Sites

The Site may contain links to Linked Sites. Switch HSH does not review, approve, recommend or endorse Linked Sites or the materials or information on Linked Sites in any way unless and to the extent stipulated to the contrary. Switch HSH is not responsible for the content of Linked Sites. Switch HSH is not responsible for the content or privacy practices associated with Linked Sites. You access Linked Sites and use the products and services made available on Linked Sites solely at your own risk.

Your Information

You acknowledge that all information you provide to Switch HSH including personal information is complete, accurate and current. It is a condition of the Agreement that your information does not contain any virus, worm, Trojan horse or other program or material that has the ability to alter, delay, damage or interfere with the operation of the Site, is not false or misleading and does not contravene any law, statute or regulation.

It is a condition of the Agreement that your information does not contain text, images or website URLs that promote, either implicitly or explicitly, any accommodation for holidays, vacations or home exchange, that are provided by individuals, companies or organizations other than Switch HSH.

The Privacy Policy governs the manner in which Switch HSH may use your personal information. You consent to use of your personal information in the manner set out in the Privacy Policy.

General

The Agreement is governed by the laws of Australia.

If any provision of the Agreement is invalid, void or unenforceable, all other provisions will be separately enforceable and will continue to be of full force and effect without regard to the invalid, void or unenforceable provision.

Switch HSH reserves the right to suspend or terminate your access to or use of the Site, at any time, if you breach any of your obligations under the Agreement.

Updated: 2 August, 2012