1 – DEFINITION OF TERMS – PREAMBLE
2 – WHAT IS HOMELINK?
3 – USE OF THE SITE
There are three ways of using the Site. a). As a non-registered visitor: b). As a Trial member: c). As a fully paid up member. As a non-registered visitor you will be able to view a limited amount of information concerning the exchange homes. Trial members will have full access to members’ listings and will be able to make contact with other members for a limited period. Fully paid up membership entitles members to full access to all other members’ home listings, profile information and will be able to contact other members via the HomeLink internal messaging system. Personal email addresses and phone numbers are not accessible. However, where a member includes it, a phone number appears on the Exchange Agreement In addition, paid members benefit from the HomeLink network of support, including the on-line Exchange Agreement Form, the Exchange Evaluation Form, as well as assistance from their designated HomeLink representative(s). Free trial members must pay and register for membership in order to proceed with an exchange and to access our Exchange Agreement and Evaluation Forms.
4 – HOW TO BECOME A MEMBER
To become a HomeLink member it is necessary to register and to pay the appropriate subscription fee. Exception – Free Trial membership where no fee is paid for a limited period is open to new members only.
5 – RIGHTS OF THE MEMBERS
– Members can exchange homes as many times, with as many partners, and for as long as they wish, during the validity of their HomeLink paid membership. – Members have a personal listing page to showcase their home, using photos and text. – Members can list additional homes at no extra cost. – Members will receive e-mail alerts from HomeLink at their personal email addresses with home exchange suggestions based on their desired dates and destinations and their selection to opt into these alerts under our Terms and Conditions. – Members will also receive e-mail notifications from HomeLink at your personal email address in the following scenarios: – message received at your HomeLink Inbox – Exchange Agreement Form awaiting your response – Membership renewal Reminders and Newsletters – If members move or sell their property, they may transfer their subscription to their new home at no extra cost. However, they must inform their local HomeLink representative of the change in order that the change to the home can be registered in our database.
6 – OBLIGATIONS OF THE MEMBERS
7 – DISAGREEMENTS BETWEEN MEMBERS
Any disagreements arising from the use of the Site or affiliate web sites must be settled between the parties who directly participated in the exchange. HomeLink cannot be held responsible for any events that occur as a result of any home exchange that is or was listed on the Site. HomeLink will offer to mediate disagreements between members without assuming any responsibility for subsequent resolution or failure to resolve. HomeLink may terminate or suspend, temporarily or permanently, the memberships of any members involved in an unresolved disagreement. No refunds will be provided in the event of such suspension or termination.
8 – RIGHT TO TERMINATE MEMBERSHIP
9 – RIGHT OF MEMBER TO TERMINATE
Members may “hide” or “publish” their home listing at any time and at no charge, by logging in to their dashboard and choosing that option. Should a member choose to terminate their membership, they may do so by contacting their designated representative. Refunds will not be given when members terminate their membership.
10 – HOMELINK’S LIABILITY
HomeLink is only responsible for publishing home listings of its members on the Site. To the fullest extent permitted by law we, our officers, directors, employees, agents, and representatives, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. Furthermore, HomeLink shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of this Site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any member or other person, and any damages to your property. HomeLink shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against HomeLink by any other party. Under no circumstances, including but not limited to negligence, shall HomeLink, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if HomeLink has been advised specifically of the possibility of such damages, arising from use of or inability to use the home exchange service or any links or items on the service or any provision of the terms of service. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall HomeLink be liable for any amount in excess of the membership fees paid by the member. The HomeLink network is based on mutual trust. HomeLink does not verify the existence or content of any property and does not guarantee an exchange of any kind. HomeLink is not responsible for the accuracy of the home listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service. As required under GDPR, HomeLink is committed to protecting your personal data and will implement appropriate technical and organisational security measures to protect it against any unauthorised or unlawful processing and against any accidental loss, destruction, or damage.
11 – CONTENT OF THE SITE
All rights for all material and content (including, but not limited to text, images, web pages, sound, software (including, code, interface and website structure) and video, (including the look and feel, design and compilation thereof) on this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. All content within this Site, including information in each home listing, is available to the users of this Site for the express purpose of arranging direct home exchanges between members. You are solely responsible for your interactions with other members. This Site is a service of a private membership organization, and information contained herein is private and not in the public domain. All this information is secured according to GDPR. Members may not use any content from this Site for any solicitations, or for any commercial use. Data mining of information from this Site, and collecting or storing personal information about members, is prohibited. Email correspondence (via HomeLink internal message system) is for the purpose of arranging an exchange between members of the Site. Initial contact is limited to using the supplied contact forms on the Site. Any attempt to collect email addresses from members and email individual members or groups of members for any purpose other than arranging a personal home exchange under the auspices of HLIA and during the period of valid membership is in violation of these Terms & Conditions and is subject to suspension or expulsion from the Site. Any violation of this paragraph shall subject the violator to severe penalties. Please note, the display of a private email address within your messages sent to other HomeLink Members through our website or within the published area of your listing, is not permitted. HomeLink reserves the right to remove all such addresses from the site at any time.
12 – INTELLECTUAL PROPERTY OF THE SITE
HLIA is the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, the use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. You may view the Site and you are welcome to: print hard copies of material, distribute material on it via the ’email’, ‘link’, ‘download’ and ’embed’ functionality on the Site, but solely for your lawful, personal, non-commercial use. Except as provided in these Terms & Conditions, any other use or reproduction of the intellectual property is prohibited.
13 – ACCEPTABLE USAGE POLICY
The opinions, advice, statements, offers or other information or content made available through this Site are not necessarily ours. Any statements, advice and opinions made by other participants are those of such participants only. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on this Site, and we neither adopt nor endorse, nor assume responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person’s reliance on information or other content posted on the Site or transmitted to members. We do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site accessible over or through the Site that you find offensive or objectionable. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
14 – SAFETY FROM VIRUSES OR UNAUTHORIZED ACCESS AND USE
Unfortunately, we are unable to warrant that the Site will be free from viruses. Although we take all available steps to secure the Site, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be totally safe from unauthorized access or use.
15 – USER INFORMATION
16 – LINKS FROM AND TO THE SITE
You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
17 – THIRD PARTY GOODS AND SERVICES
We do not vouch for those persons, companies and other organizations whose goods or services may be accessed or displayed through or on the Site, by way of Linked Sites or other.
18 – INDEMNITY
You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or the violation of these Terms & Conditions or any other laws, regulations and rules by you or anyone using your computer (or account, where applicable). Specifically, members agree to indemnify and hold harmless HLIA, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of HLIA home exchange service, including but not limited to (i) any claims for injury or damage to person or property arising from a property a member owns, (ii) any claims for injury or damage to person or property arising from a property transaction, (iii) a claim that any use of the home exchange service by members or someone using their computer (or account, where applicable) infringes any property right of any third party, (iv) any misrepresentation by members, or (v) any breach of any agreement to be performed by members. Members agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
19 – ANTI-SPAM POLICY
HLIA does not participate in or tolerate the sending of unsolicited commercial email (SPAM). HLIA reserves the right to cancel (without refund) any member that mentions HLIA or any of its associated websites, URLs, or any associated HLIA email address in any SPAM e-mail message. In addition, HLIA reserves the right to cancel (without refund) any member that uses HLIA to send any solicitations other than personal, non-monetary exchange requests or replies
20 – RESTRICTION, SUSPENSION AND TERMINATION
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
21 – ENTIRE AGREEMENT
22 – LAW AND JURISDICTION
© 2019 HomeLink International Associates. All rights reserved.
HomeLink International Associates
Brussels, B-1000, Belgium