1. Terms and definitions
Echangersamaison / ESM: Refers to the company that facilitates this web portal and whose activity is defined in the preamble of the present terms and conditions of use
Portal: Indicates the Web page accessible through the URL http://www.homeforswap.com/ hosted under a domain owned by Echangersamaison. ESM developed this internet portal following computer formats that save different data, whether they are text, sound, images, fixed or animated, videos, data bases intended to be viewed by the User and can be published in the members´ ad for the accommodation exchange or can be viewed in other members´ ads.
User: Is any person registered on the site without a published listing who evaluates the Portal and the proposed services.
Member/s : is any person registered on the site with or without a published listing, who browses through the ads in search of a home exchange.
Ads : refers to textual data, images, photographs, drawings, graphics, posted by a Member in relation to an accommodation exchange.
2. Acceptance and modification of the Terms and Conditions of Use
Echangersamaison reserves the right to refuse access to the site, without prior notice to any User / Member does not comply with these Terms and conditions of use.
ESM advises the User / Member to save a copy of the Terms and Conditions of Use that were accepted at the time of registration.
ESM, reserves the right to update, modify, cancel, or delete the information contained in the Terms and conditions of use at any time, without prior notice.
Echangersamaison inform the User / Member of the changes by email and invite him to agree to the changes.
In any case of non-compliance with the provisions of these Terms and Conditions of Use, the site management will immediately proceed to terminate the user without any prior warning.
3.1. Service access
All costs relating to the access of the service, whether they are costs for hardware, software or internet access, are exclusively carried out by the user. The user is solely responsible for the proper functioning of personal technical equipment and internet access.
3.2 Conditions of registration
A member registration costs 70€ a year - 100 € for a 2-year subscription and 140 € for 3 years. The registration can be paid by credit card or debit card. To become a member must be at least 18 years old to register.
To be a member of the site, the user must complete the registration process and accept the terms and conditions of use without resignation.
3.3. Registration process
When becoming a member, the user complies to appropriately use the content and services offered through the Portal. The user will carry out the following steps during the registration process:
Create an account by filling out the registration form, which is accessible from the home page of the Portal. Users will be asked to create a username and select a password. All required fields must be filled in (name, e-mail address, etc.).
The user agrees to provide valid and accurate information in all the required fields.
Membership confirmation and an attached terms and conditions of use will be sent to the member via email, according to data that has been entered in the registration form. Users should be sure to correctly enter their email during registration.
The user commit himself not to usurp another someone else's identity and/or declare himself with a false identity.
The user accepts to provide the site with accurate identification and shall not undertake in any identity theft of another person and/or declare themselves under a fake identity.
The password used to access the personal account is strictly confidential and serves to protect the personal data of the members.
The Member agrees to not share the password with third parties and to keep the password secured.
If there are reoccurring problems with connecting to the account, or if the Member forgets the password, the Member can reset the password by clicking on the link titled "Forgot Password".
The Member is solely responsible for the personal information provided to Echangersamaison when creating the account. The Member agrees to notify Echangersamaison as soon as possible in case of misuse and / or unauthorized use of the account.
4.1. Creation of home exchange ads by the Member
Once the registration is complete, and the account is activated, the Member may at any time place an ad for a housing exchange.
To do this, the Member must fill out and complete all appropriate fields under 'Add a property.'
The Member has the opportunity to create the ad using graphic material, such as photographs, logos, designs, graphics, etc.
ESM can not be held responsible for the content (textual and visual) or the lack of information or updates of ads provided by the member on the site. Ads are exclusively written and updated by the members themselves. Total responsibility of the ads is held by the members, and ESM expressly disclaims any liability for the ads placed by members.
4.2. Commitment of the members
The site is reserved for use of all the Users / Members.
Members are forbidden to use the Portal to disseminate any kind of promotional or commercial information.
The User is forbidden to resell or disclose to third parties the information contained in ads available on the website.
The members undertake not to interfere with the proper functioning of the site through the use of any devices, software, or engage in any actions or activities that may negatively affect the site, the Users / Member, or the content.
Any violation of these obligations will lead to the termination of the Member.
4.3. Content of the listing
Members are responsible for the content of the listing (textual and visual information) and guarantees the accuracy of content offered in the ad.
The Member agrees to not post any content that infringes any third party´s copyrights or any other rights (e.g trademark, privacy rights, etc.) All content posted must comply with the standards of French law, morality or decency.
The User/Member accepts not to post, share, promote, depict, encourage, solicit or exchange a listing that contains:
• Elements that do not comply with the terms and condition of use;
• Content that infringes the intellectual property rights of third parties;
• Content that is defamatory or offensive;
• Elements that direct the users to a web site, company, organization or competitor that is contravening to French law;
• Information that is misleading and / or false;
• Content that expresses politics, sexism, or religion;
• Content that shows racial hatred of any nature;
• Content that is discriminatory or degrading to others;
• Content that displays violence or pornographic / sexually explicit material of any kind;
• Content that is harmful to minors.
4.4. Review and evaluation of an advertisement
Members can post comments on the site after an exchange is completed to share their experiences with other members.
In addition, the Member has the right to report to ESM of any false information found in an advertisement.
To do this, the member can send an email to email@example.com
4.5. Removal of an ad
Members can at any time remove their ad by logging into ¨Member Area¨ and clicking on ¨Delete ad¨ from the ¨My account¨ section.
ESM reserves the right to remove an advertisement that does not conform to these terms and conditions of use, such as content that is reported or is found to be illegal or in violation of these terms and conditions of use / infringes on the rights of others.
5. Privacy of personal data
In protecting the privacy of the Users/Members, ESM agrees that the processing of personal information within the site is in compliance with the provisions of Law No. 78-17 6 January 1978, subject to the principles and conditions defined in the Freedom of Information Law. The site is subject to the statement from the French data protection authority (CNIL) under the number 1673732.
Members agree to provide accurate and valid identification within the site. The information provided by the Member in the registration form may be subject to computer processing to enable the handling of the profile of the Member.
ESM agrees to take all necessary precautions to protect personal user data processed by our services, in particular, to prevent data from being distorted, damaged or communicated to unauthorized third parties.
Personal information will not be used for commercial activities, or be distributed to public or private companies in France or abroad. This information will only be used in the perimeter of the home exchange platform.
Those information can only be used on the plateforme.
These requests can be made by sending an e-mail to the following address: firstname.lastname@example.org
6. Relationships between Members and intervention of ESM
ESM is a place for listing and posting advertisements. All Members can post ads and respond to the ads published on the site / Portal.
Members can specify the prerequisites of their homes (preferred date, duration of stay, amount of people allowed, etc.) Prior to exchanging homes, Members are encouraged to read the suggestions and tips that are available on the Portal.
Neither ESM, nor its partners are responsible for tracking the messages exchanged between members.
Neither ESM, not its partners can be directly or indirectly held responsible for the quality of the home exchanges or the current and future relationships between members.
7. Limitations and Liability of ESM and their partners
7.1. Technical limitation
This site is available 24/7 for all Users / Members, except during maintenance intervals.
ESM reserves the right to suspend access to the site for maintenance issues or for any other reasons in which site management considers appropriate. ESM is not entitled to compensate the user / Member for the possible suspension.
ESM implements all possible means to ensure the best quality of the site for the User / Member.
If a technical problem blocks all access to services, ESM will perform all possible technical solutions to ensure that access to services is restored.
ESM is not held responsible for the occurrence of technical malfunctions caused by a third party that prevents access to the User / Member for at least 24 hours.
Users / Members are solely responsible for the proper functioning of their personal hardware that allows them to access the site.
ESM is not liable for potential difficulties of Members to access the site.
In addition, Users / Member agree to take responsibility for poor performance of the site if the terms and conditions of use do not apply.
7.2. Legal limitations
ESM and its partners can not be held responsible, in any manner whatsoever, for any complaints of theft, insult, damage, physical damage, or accidents inflicted on the Members or property of the Members that resulted from using the Portal.
8. Removing User account
The Member has the option to delete the account at any time. To do this, just click the tab "Delete my account" available under the ¨Members Area¨ in the ¨My account¨ section.
8.2. Consequences of Termination of the account
Termination of the account will prevent the Member from posting any future ads on site.
ESM is authorized to delete all personal data related to the member within 24 hours after the account has been deleted.
9. Intellectual Property
Unless stated otherwise, all the elements of the site, whether visual or audio, including the underlying technology, are the exclusive property of ESM and its partners.
Property rights intellectual envelope site and each of the elements created for the site they are the property exclusive of ESM that no grants no license or any other rights that the consult site.
Intellectual property rights of the Portal and all elements created for this site are the exclusive property of ESM and does not grant any licenses or any other rights to anyone other than the licensor of the site.
Duplication of any page or content of this site is subject to written authorization by ESM.
Duplicating or copying any published documents from the site is extremely prohibited and is only authorized for the personal and private use of the information.
If the Member has a personal website and wishes to place it on this site for a direct link to their page, the Members must request written permission to ESM.
In all circumstances, any link not authorized will be deleted from ESM. ESM reserves the right to prosecute anyone who infringes on the intellectual property rights.
It is recalled that, as an intermediary, the primary mission of ESM is to disseminate the exchange of housing ads among its Members and is not responsible for the content of the ads.
Users / Members are encouraged to report to ESM any violations of these terms and conditions of use, including the provisions of article 4.3. and / or the current regulations in France. All Users / Members can do so by sending an e-mail to the following email address: email@example.com