Last updated on October 18, 2022.
Greetings from Habiqo Home Swap! Welcome to our worldwide home exchange platform which is designed for you to have a more personal and unique experience. These are our Terms of Service governing the use of habiqohomeswap.com, our application and services related to this website. These Terms of Service constitute a legally binding agreement between our company Caribbean Home Swap t/a Habiqo Home Swap Inc. and you. Our Website, Application and Services collectively described as (Platform) which will be used hereunder this Agreement.
Please note that your access and use of the Platform is also conditioned on your acceptance of other documents and policies incorporated into these Terms. In case of any conflict among these Terms and the other terms or policies, these Terms shall govern unless expressly stated herein.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR PLATFORM.
By accessing or using the Platform as a visitor or member, you agree to be bound by these terms and conditions and if you disagree with any part of these Terms of Service then you may not access the Platform.
Furthermore, by accessing the Platform, you represent and warrant that you are over the age of 18 and capable of entering into legally binding contracts.
For the purposes of these Terms of Service:
When you create an account on our Platform, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Platform. The information that you provide contains without limitation first and last name, date of birth, telephone number and email address.
Habiqo Home Swap will not be responsible for inaccurate or fraudulent information exchanged between members under any circumstances. Upon registration, you must:
(i) be 18 years of age at the time you register your account;
(ii) have the legal or contractual right to offer the Residence via the Platform and continue to have that right during your use of the Platform; and
(iii) have the authority to enter into an exchange.
In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes. Habiqo Home Swap reserves the right to the registration of any Member Account for any reason, at any time, in its sole and absolute discretion.
You are responsible for safeguarding your login credentials that you use to access the Platform and for any activities or actions under your password including any third-party use. Habiqo Home Swap is not liable for any identity theft of any member however, you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your or any member’s account.
You agree to create and use only one account except for prior written consent by Habiqo Home Swap. Any accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.
There is a verification process for each Member which allows us to authenticate members when creating an Account. We will request you to provide proof of address and a form of identification. Habiqo Home Swap reserves the right to accept or reject supporting document for verification at its sole discretion.
As a second option, Members may also have their phone number and email address verified. This type of verifications will be operated via an automated service.
If supporting documents qualifies as verified or second option of verification become successful, such Member will be deemed a Verified Member on their profile. Habiqo Home Swap provides no endorsements or assurances regarding Verified Members or their Listings.
I. Ownership of the User Content
Our Platform allows you to post content containing materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content which you have the full ownership right. Therefore, you are responsible for determining whether your content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right and you are responsible for the content that you post on our Platform including its legality, reliability, and appropriateness.
By posting content on our Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use, copy, modify, publish, promote, publicly perform, publicly display, reproduce and distribute any content on and through the Platform. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You retain any and all of your rights to any content you submit, post or display on or through the Platform and you are responsible for protecting those rights.
You represent and warrant that:
(i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
(ii) unless the information is either in the public domain or you have a written consent from the owner, your content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
In case of any damage arising from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission, you shall be solely reliable of such actions, and you agree to indemnify and defend Habiqo Home Swap from any claims or losses incurred by it.
We expressly disclaim, Habiqo Home Swap has no responsibility for any liability on the conduct of any Guests, Members or for any views, opinions or statements expressed in any content on the Platform. Therefore, you use the Platform and view the content strictly at your own risk.
We reserve the right to revoke your use or access to the Platform at any time, in our discretion, including, without limitation, if we believe that your conduct is unlawful or is harmful to the interests of Habiqo Home Swap or its subsidiaries and affiliates.
II. Content Restrictions / Community Rules
Your access and use of the Platform is conditioned to your compliance with these Terms. In accordance with these terms and conditions, when using the Platform, you accept that:
§ You will not provide us with incorrect or misleading information on account registration, accordingly you will not do so to any guest or member. You may not also create multiple accounts or fake accounts.
§ You will not interfere with another Member’s account, circumvent measures intended to prevent or restrict access to the Platform, or use any type of manual or automatic device, method or process such as robot, bot, spider, proxy to access, obtain, data mine to collect Platform or Member content. In addition, you will not collect, obtain or use any information about others without consent.
Habiqo Home Swap is not responsible for the content of the Platform’s members. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account and assume all liability for your use of any information appearing on any of the Platform.
You agree that you have the authority to enter into this Agreement, to post your Listing and offer it for swap.
Your decision to host, swap, and travel is yours and yours alone. Government agencies may have travel advisories about certain countries or regions of the world regarding safety, crime, and other hazards that may pose a risk to visitors to the area. You are solely responsible for consulting these resources in advance of your travel.
Host Members are also solely responsible for providing all information that is necessary or requested for the proper usage of the Residence and all devices, features, and fixtures included therein to Guest Members.
Habiqo Home Swap has the right but not the obligation to monitor, use or access to the Platform to ensure the security of members generally and/or the Platform, or to ensure compliance with these Terms or compliance with law. In the event of an investigation by Habiqo Home Swap or any legal authority regarding the misuse of the Platform, you agree to provide any related information and take any other actions reasonably requested by Habiqo Home Swap.
If you believe that a member is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report to Habiqo Home Swap and, as may be the case, to the relevant legal authorities. However, such report shall not obligate Habiqo Home Swap to respond in any particular way unless it is required by law.
You may use web address or URL links in your content only if they are approved by Habiqo Home Swap. Also email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
I. Accounts Closed by Habiqo Home Swap
In the event of violation of these Terms or any other policy and regulations issued by Habiqo Home Swap, or any conduct contrary to values or ethics, or any illegal activity, Habiqo Home Swap reserves the right to limit access to the Platform, remove the content or close the account without any justification or compensation.
In case of these actions described above, we may close Member’s account without prior warning or formal notice. By closing an Account for breach of these Terms, Habiqo Home Swap does not waive its right to any damages it may otherwise claim related to such breach.
We reserve the right to sign out, terminate, delete or purge your Account, any related Listings and any related information from the Platform and our servers if you have not signed into the Platform for a particular period of time.
We will inform the Member on closure of their Account by email or by notice through the Account.
II. Closing an Account at the Request of a Member
Members may terminate their registration on the Platform by requesting the closure of their Account with Habiqo Home Swap at any time, for any reason, and at no cost except for those related to the transmission of their request.
To request the closure of your Account please send an e-mail to:
contact@habiqohomeswap.comor, or by filling out the close account form here.
If a Member Account is closed for any reason, all accumulated SandDollars will be forfeited.
This request shall become effective one working day following the submission of request to close the Account and all future exchanges shall be cancelled; however, if an exchange is in progress on the date of the request, the Account will not be closed until after the exchange and any related transactions are completed. Habiqo Home Swap will confirm cancellation by sending an email to the former Member at his or her email address.
Any amounts paid in connection with an Account that the Member wishes to close will not be refunded, even partially.
Listings
Host Members have an obligation to keep their Listings up-to-date and accurate at all times, including all content in the Listing, descriptions, locations and availability dates, deficiencies, restrictions, and any other information requested by us.
There can be only one Residence on a single Account, and Listings cannot contain hyperlinks. Any of the terms or conditions listed in a Member’s Listing cannot conflict with these Terms.
We reserve the right to request members to include certain information in any Listing, along with the right to determine the format of presentation of that information.
Habiqo Home Swap does not guarantee any particular placement of a Listing in search results.
All Members warrant that the posting of a Listing and any acceptance of an exchange for a Host Member’s Residence will not breach any agreements such Member has entered into, and complies with any laws, rules or regulations applicable to the Residence or Listing.
All Host Members are also responsible for their own acts or omissions or those of any persons present at the Residence, besides the Guest Member and his or her invitees.
The Habiqo Home Swap platform provides members with a free messaging service so that they may exchange and share experiences. However, this service alone doesn't give our members permission to exchange.
Habiqo Home Swap is not responsible or bound by any information communicated between Members via this messaging service, and does not guarantee the accuracy or completeness of the information. Only Members are solely responsible for any information communicated via this service.
Our system allows Host Members and Guest Members to leave reviews about their experience in Residences and rate them, which will appear on the Member's Account profile. If a host or guest member disagrees with a review, they can complain to Habiqo Home Swap.
In such reviews, responses, or ratings, Habiqo Home Swap does not review or verify the content nor is Habiqo Home Swap responsible for their accuracy. The Platform requires its members to provide only accurate, non-offensive, non-sexual, non-discriminatory, and non-defamatory information in their reviews, and Habiqo Home Swap will remove any review that violates this policy.
Any Promotions made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When reciprocal exchanges are not possible, we have created the SandDollar system to help you. The arrangement will allow you to stay at another member's home without them staying at yours. The number of SandDollars a Member may obtain, and transfer is contingent upon the number of nights that will be spent by such Member at Host Member’s residence They can then be used by your host to travel somewhere else of their choice.
In addition, number of nights are valued as equal with no exception of the place of any residence which subjected to any exchange.
The number of the SandDollars will be updated on the Member’s dashboard. Obtained SandDollars may be used by the Host Members regarding to another exchange. Availability to exchange residences with SandDollars is displayed on the Host Member’s Listing.
In order to swap with SandDollars, the Guest Members must send a request including their desire to pay with SandDollars. Upon the acception of exchange with such payment from the Host Member, the amount of SandDollars agreed between parties will automatically be transferred.
For more information, please visit this page to learn more about SandDollar Service.
Insurance
The liability to obtain and maintain valid homeowners’, renters’, or other insurance, related to exchange which may be required by law belongs to Host Members. The insurance must remain valid throughout the duration of the exchange. Any interruption on the validity of the insurance may cause immediate cancellation of the Host Member’s Account.
Habiqo Home Swap has a right to request proof of the insurance and related information and documentation and failure to respond such request or provide accurate information may result in cancellation of a Member’s Account.
Members are solely liable to review and understand their own insurance coverage and other insurance coverage provided by any other Member including property, and liability in the occasion of an exchange with that particular member. Therefore, you are solely responsible for an exchange that violates an agreement or policy with your insurance provider.
Host Members are required to disclose to the Guest, the presence of all surveillance devices on the property whether such devices are operational or not. Habiqo Home Swap prohibits the use of any surveillance devices inside the living areas of the residence within which the Guest Member could reasonably be expected to occupy. In addition, Host Members should ensure that the use of surveillance equipment is consistent with applicable local laws and regulations. Failure to disclose the existence of all surveillance devices to Guest Members could subject the Host Member to forfeiture of Membership, SandDollars and credits in a member account.
To the maximum extent permitted by applicable law, in no event shall Habiqo Home Swap Parties be liable for any special, incidental, indirect, or consequential damages arising from any Listings, Exchanges, or the use of the Platform or the accuracy of any information included thereon, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, your communication or meeting with other Members or from your publishing a Listing or entering into an swap agreement (whether as a Host Member or a Guest Member), whether based on warranty, contract, tort, negligence, strict liability or otherwise, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms, even if Habiqo Home Swap has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Moreover, key exchange is solely and fully the responsibility of the owner, and that Habiqo Home Swap is not liable or responsible for the key exchange.
Notwithstanding any other provision of this Member Agreement, the Host Member’s liability will be reduced to the extent the loss or damage is caused by the Guest Member, the Guest Member’s representatives or any invitees to a Residence invited by the Guest Member.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Our Platform is a service containing exclusive information available only for Members for the purpose of arranging exchanges between Members which qualifies as private and not in the public domain. Therefore, any kind of collecting, storing, data mining of information from the Platform is strictly prohibited and any attempt to do so, constitutes a violation of these Terms.
Inquiries and communications may be monitored and filtered by Habiqo Home Swap prior to delivery to Members. Habiqo Home Swap has no liability for undelivered inquiries or for missed income as a result of undelivered inquiries. Habiqo Home Swap may review the communications between you and other Members in order to check for compliance with these Terms, however these communications will be treated as private to the extent required by applicable law. We reserve the right to remove, in our sole discretion, any content violating or alleged to violating the law or these Terms. Notwithstanding this right, you remain solely responsible for the content of the material you post and communications you exchange.
The Platform shall not be used for any solicitations or any commercial use. We neither participate nor tolerate such action including sending unsolicited commercial email (SPAM) and we reserve the right to cancel any Member without refund in case of any mentions about Habiqo Home Swap or any of its websites, URLs, or any associated email address in any SPAM message. Any violation regarding to this paragraph will be resulted with severe penalties to the violator and you shall indemnify and hold Habiqo Home Swap harmless from and against any and all costs and damages incurred by Habiqo Home Swap as a result of such violation.
Except the content provided by you or other Members, the Platform and its original content including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content which we provide for your use, features and functionality are and will remain the exclusive property of Habiqo Home Swap and licensed by Habiqo Home Swap or its parent or affiliate companies, Caribbean Home Swap.
The Platform is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Platform, including Platform and content, without our prior written consent, unless it is your own content that you legally post on the Platform, and you agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
Alongside your compliance with these Terms, Habiqo Home Swap grants you a personal, worldwide, revocable, non-sublicensable, non-exclusive, non-transferable, limited license to download, install and use the Application on your mobile phone, tablet, or other personal devices, and access and view any Platform content made available on or through the Platform. This license which is granted to you by the Habiqo Home Swap is solely for your personal, non-commercial purposes.
Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our Platform and tells you about your privacy rights and how the law protects you. For additional information about our privacy practices, please read our Privacy Policy carefully, located here.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Platform infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email info@habiqohomeswap.comand include in your notice a detailed description of the alleged infringement.
In the event that you falsely state that any content is infringing your rights, you could be held liable for damages (including costs and attorneys' fees).
Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Habiqo Home Swap.
Habiqo Home Swap has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Habiqo Home Swap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree that your use of the Platform and any information you acquired from the Platform is at your sole risk. Habiqo Home Swap makes no guarantees or warranties, either express or implied, regarding any exchange and/or properties included in any listing or exchange available through the Platform.
Habiqo Home Swap has the right, but not the obligation, to pre-screen, monitor or remove any content using various tools and procedures designed for this process. However, we do not conduct criminal background checks, require references, or accept any obligation to independently verify the information posted by its members on their listings.
You assume all responsibility and risk for your use of and reliance on the Platform and any information obtained from or through the Platform, including your interactions with other Members, Exchanges in which you participate, and your use of other Services provided by Habiqo Home Swap.
The Platform is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Habiqo Home Swap, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Habiqo Home Swap provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Habiqo Home Swap nor any of the company's provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon.
(ii) that the Platform will be uninterrupted or error-free.
(iii) as to the accuracy, reliability, currency, completeness or usefulness of any information or content provided through the Platform.
(iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Habiqo Home Swap are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Platform will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Platform.
The laws of the United Kingdom, excluding its conflicts of law rules, shall govern these Terms and your use of the Platform. Your use of the Application may also be subject to other local, state, national, or international laws.
You are solely liable for any claims, demands or damages occurring out of violation or breach of third-party agreements or obligations regarding to you or your property, including without limitation of licenses, lease agreements, insurance policies, condominium or co-op board bylaws, state and local law.
Habiqo Home Swap cannot be held accountable for any claims, demands, damages and/or enforcement regarding to any third-party agreement or obligations to which you or your property are subject.
If you have any concern or dispute about the Platform, you agree to first try to resolve the dispute informally by contacting Habiqo Home Swap. For avoidance of ambiguity, this section includes clarifications regarding to only the disputes and problems between you and Habiqo Home Swap relating to these Terms of Service.
You may send a written description of your problem or dispute to:contact@caribbeanhomeswap.com. In the event of unsatisfactory resolution within the sixty (60) days period starting after the submission of your problem or dispute, you agree to follow the arbitration provisions below. In any case, we will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.
You and Habiqo Home Swap agree that all claims shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must include a written explanation and will remain confidential.
If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.
Habiqo Home Swap and each Member acknowledges and agrees that they are waiving the right to a trial by jury as to all disputes subject to arbitration.
Habiqo Home Swap and each Member acknowledges and agrees that each waives the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, no arbitrator assigned may preside over any class or representative proceeding. If this paragraph is deemed unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement shall be deemed void with respect to such dispute.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Platform.
If you have any questions about these Terms of Service, you can contact us: