1. Preface
a) Legal
This site is published by the company Biwa, SARL with capital of €4000, registered at the Trade and Companies of Chambery, FRANCE, under number B 532 058 237 and its registered office is Bonconseil, 73210 Bellentre, FRANCE.
The editor can be reached by phone at contact number 33 612 067 437 or through email at the following address:
contact@swapyourhome.net
This site is hosted by OVH, whose head office is located at 2 rue Kellermann, 59100 Roubaix, France, and can be contacted by phone at 33 899 701 761.
The director of publication of this site is Mr. Romain Arpin, who also functions as its Editor.
b) Re
This website is freely accessible to all Internet users. It is exclusively devoted to the publication of ads for housing exchange and swap, temporary or permanent. The registration and the posting of an ad are free. An annual subscription fee is required to contact other members. The first year subscription is free for the first 1000 users who will register on the site.
c) Acceptance of Terms
Subscription to a contract provided by the publisher of the site implies the acceptance of the terms and conditions laid therein by the user. By the act of acceptance the user recognizes that he has read and understood the terms. This acceptance will come into effect as the user checks the box corresponding to the following sentence: "I have read and accepted general conditions of sale and use of the site."
Thus checking of the box will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence of automatic recording systems of the publisher of this site, and except in case he provides evidence to the contrary, he gave up the right to contest in case of a dispute.
The acceptance of these terms implies that they have the legal capacity to enjoy the use of this part of internet, or that they have been granted the permission to do so by a legal representative such as a guardian or a trustee in case they are minors.
2. Code of Conduct
In connection with the use of services offered on the site, members agree without any limitation or qualification to:
- Use the services provided by the publisher as a good family person
- Not affect the quiet enjoyment of the service by other members
- Respect the rights of third parties
- Not use the services of the site for commercial purposesv
- Comply with all laws and regulations in force
- Not to make any comments through any of the interfaces made available by the publisher, that is racist, contrary to public order or morality or in contravention of a law or regulation in force.
The use of the service by members will be under their sole responsibility. The members are, in any event, responsible for the data contained in their personal account or that has been exchanged under the use of services. They are accountable for their actions committed in the context of the use of this service if or when they meet before the competent courts.
Any violation of these terms and conditions that led to injury or is constituted a violation of regulations or laws may be prosecuted directly against the member and thus free the publisher of the service, from any liability in the matter.
3. Personal space
a) Creation
Creating a personal space is a prerequisite to the publication of an advertisement on this site. To this end, the member will be asked to provide certain personal information. The member agrees to provide accurate information under penalty of termination of the contract and deletion of the account at the initiative of the editor.
Some information will be deemed essential to the contract and its compilation will be essential for the creation of personal space and validation of the contract. The refusal by a member to provide such information will preclude the creation of personal space and, incidentally, the use of services offered on the site.
b) Operation
Personal space allows the member to view all the information he has provided during registration and will allow him to manage the information available to other members.
If the data contained in the section of personal space were to disappear as a result of a fortuitous event, or a technical failure, the editor of this site undertakes with complete responsibility that this information has no probative value but is only of an informative character. The publisher will, however, keep securely all contractual elements whose conservation is required by law or regulations.
The publisher reserves the exclusive right to delete the account of any member who has violated the terms and conditions (including, not limited to, where the member has knowingly provided false information during his registration and the creation of personal space) or whose account is inactive for at least one year. Such removal will not be likely to constitute any harm to the excluded member who cannot claim any compensation as a result.
This exclusion does not exclude the possibility for the publisher, to initiate judicial prosecution against the member, when the facts have warranted.
c) Password
During the creation of personal space, the user is prompted for a password. This password is the guarantee of confidentiality of the information in the "My Account" section and the user therefore undertakes not to transmit or communicate it to third party. Otherwise, the site cannot be held liable for unauthorized access to a user's account.
4. Member contributions
Members are offered the facility to contribute to the content of this site, by the publication of comments. Contributions will be subject to a posteriori validation by the publisher or his team of moderators.
For any online contribution the member claims to be the owner of all the content presented by him and that it is free of any rights, or at least, that he has the permission of the owner for claiming such rights. Members may not post content that violates the right of publicity or intellectual property rights of others. The member releases the site and its publisher from all claims of any third party against him because of the violation of their rights or violation of applicable laws made by him.
The publisher assumes no responsibility for the originality of contributions which are based on the good faith of the contributors and are fraught with the obvious difficulty of carrying out checks on the material. However, if the moderating team detects this kind of abuse, the editor reserves the right to arrange removal or modification.
Contributors are advised that the site editor, represented where appropriate by the moderators, may choose to publish the contribution in question, in the newsletters on this site and on sites of all partners, on condition that the editor include the pseudonym of the author of the contribution. The author then gives up his rights to the content of contributions for the benefit of the site editor, for any distribution or use, even commercial support on the Internet; this, of course, always respecting the authorship of the author.
5. Ads
Publication of advertisements is open to any user, or non-commercial individuals, acknowledging the ownership of the rights on the property about which the ad has been published. The member agrees not to publish advertisements in the deepest respect for the laws in force as well as in respect of public order and morality. Members agree not to post multiple ads for the temporary exchange of the same property.
The ads must be submitted in a correct and understandable language; they must comply with legal requirements and must have non-discriminatory criteria for the quality of any other party.
In order to respect the laws and regulations, any advertiser is required, as part of an advertisement, to indicate the surface area of that building, and be able to provide to any interested individual documents and diagnostics required by the national and regional regulations such as energy audits and the status of reception of television channels and digital radio.
During the publication of the advertisement, the advertiser will have, via their personal space, the right to modify the description of the goods offered by announcement on the site. These modifications will be possible throughout the publication of the advertisement. Members will also be able to upload photos related to the property which has been advertised. The number of photographs is not limited however the publisher reserves the right to remove all or part of published photographs as part of an ad, especially in order to guard against all forms of abuse. The photographs can be uploaded in jpg, png, or gif to a maximum size which should no exceed 2 megabytes.
The announcements on this site are likely to be posted on all partner sites and affiliates as well as social networks (facebook page, twitter account etc.) and in the newsletters of the publisher. Advertisers should take note of this specific data transmission of the advertisement to third parties and partners and should know that they can oppose it by making their request in writing to the customer service of the publisher.
6. Newsletter Editor
By checking the box provided for that purpose or by giving their express agreement to that end, members agree that the publisher can send them at a frequency and format of his choosing, a newsletter which may include information relating to its business. When the user checks the box provided for that purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribing members have the option to unsubscribe from the newsletter by clicking the link provided for this purpose, present in each of the newsletters.
7. References to the Data Protection French Act of January 6, 1978
a) General - Purpose - Duration
Users have the option of providing free personal information about them. Providing personal information is not required for browsing the site. However, registering on this site involves the compilation of personal information about users by the editor. Internet users who do not wish to provide the information needed to create a personal space cannot use the services provided by the publisher of this site.
The data collected is necessary for the proper administration of the services offered on this site and the publisher respects its contractual obligations on him. This data is stored by the publisher, and the publisher agrees not to use it in any other context or pass them on to third parties, except with the express consent of users or as provided by law.
Contact information for all registered users on this site is stored for a period of one year as is reasonable for the proper administration of the site and normal use of the data. This data is kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the Data Protection Act of 6 January, 1978.
b) Right of access, rectification and opposition
According to the latter, the users have a right to object, query, access and correct the data that they provided. To do this, they just need to apply to the editor of this site, in the form to the following address: contact@swapyourhome.net, or by mail to the lead editor's address mentioned in these terms.
Personal data collected shall be processed electronically and is exclusively reserved for the publisher's site. The controller is Mr. Arpin Roman.
Personal data collected is not subject to any transfer abroad.
Declaration number: processing
c) IP address
In addition, the publisher reserves the right to collect the IP (Internet Protocol) service for all users. The collection of this IP address will be made anonymously and it will be retained for the same period that the personal information will be and will only be used for the proper administration of the services offered on this site. The IP address is a series of numbers separated by points for the identification of a single computer on the Internet.
The editor will communicate any personal data about a user to the police (at the request for the record) or any person (by order of the judge). The IP address of your computer can be reconciled with the actual identity of the subscriber held by the ISP (ISPs to the internet).
8. References to the collection of "cookies"
a) General - Purpose - Duration
To allow all users an optimal navigation on this site and better functioning of the various interfaces and applications, the publisher may continue to implement a cookie on the user's workstation. This cookie can store information relating to navigation on the site (date, page, hours) as well as any data entered by users during their visit (search, login, email, and password). These cookies are meant to be kept on the workstation of the user for a variable period of up to one month, and can be read and used by the publisher at a subsequent visit of the Internet on this site.
b) Right to object to the implementation of the cookie
The user has the ability to block, modify the retention period, or delete the cookie through the browser interface (usually: tools or options / privacy or confidentiality). In this case, browsing through this site will not be optimized. If disabling cookies systematically on the browser of the user prevents them from using certain services or features provided by the publisher, this malfunction cannot in any way constitute harm to the member who may not claim any compensation from this fact.
c) Delete Cookies
Customers can also delete cookies previously present on their computer by going to the menu of their browser for this purpose (usually tools or options / privacy or confidentiality). Such actuate has no impact on their navigation on this site, but will cause he users to lose all the benefits provided by the cookie. In this case, they will again enter all the information about them.
9. Disclaimer from the publisher through the execution of this contract
If unable to access the site because of technical problems of any kind, the member cannot claim for damage or for any compensation.
The announcements are published under the full responsibility of their author. It is expressly brought to the attention of the users that the publisher does not guarantee the accuracy of data contained in the ads, the suitability of goods offered by advertisers with the real needs of visitors, origin of goods, the effective implementation of transactions or their performance. It is the responsibility of all the interested parties to ensure the accuracy of all data prior to any actual transaction and to take appropriate precautions in this regard. The publisher does not guarantee the accuracy, integrity or honesty of information provided by members and cannot be held liable for false statements made by a member; he assumes no liability resulting from the use of the service.
The publisher will have no role in the relationship to develop between advertisers and users; his role is limited to hosting the ads. All disputes that may arise between users
(damage, theft etc.) have no connection to the editor and he shall be free of any responsibility in this regard. Advertisers and users acknowledge their own responsibility and therefore respond fully to all actions brought against the publisher due to the publication of the advertisement. In this case, the publisher reserves the right to appeal in guarantee for any advertiser.
By deciding to subscribe to the services provided by the publisher and completing the schedule for the announcement, the users acknowledge that these data (photos, texts etc.) may be published on this site and distributed to all visitors, and he assume full and complete responsibility.
All contributions will be published after a posteriori validation of the publisher without which moderation can be a fault or damage to the member. The editor also invites any Internet user to contact him to report illegal content, or any thing contrary to public order or morality.
The publisher reserves the exclusive right to delete the account of any member who has violated the terms and conditions, including, but not limited to, where the member has brought material that is racist or contrary to good morals. Such removal will not be likely to constitute harm to the excluded member who cannot claim any compensation as a result.
The editor may also implement a restriction of use of services as a punishment in the cases defined in these terms and conditions, including attitude contrary to public morality, and violation of regulation by the member which will be dealt with laws and regulations in force. This restriction can lead to the granting of any compensation payable to the member who shall in any way consider this restriction as causing damage of any nature whatsoever. This restriction of access of the exercise of any other form of sanction is not exclusive to the publisher, as defined in these terms.
The hyperlinks on this site may refer to other websites and the editor of this site cannot be held responsible if the content of these sites violates the laws. Similarly, the editor of this site cannot be held responsible if the visit by the user of one of these sites caused him harm.
10. The intellectual property rights relating to information published on this site
All elements of this site belong to the publisher and as such are protected by legislation on intellectual property.
Internet users therefore agree that, without authorization, any copy, full or partial and any distribution or operation of one or more of these elements, not modified, will likely result in legal action taken against them by the publisher or his assigns.
This protection will include all the text and graphic content of the site, but also its structure, its name and corporate identity.
11. Amendment to General Conditions
These general conditions are subject to change at any time by the site editor or agent. The terms and conditions applicable to the user are applied on the day of his connection to this site. The editor undertakes to keep all its old general conditions and to send these to any user who would make the request.
12. Governing Law and Jurisdiction
These general conditions are subject to the application of French law and are under the exclusive jurisdiction of French courts. This document is a translation of an original written in French. Only the French document is authentic.
13. Amicable settlement of disputes
Unless public policy, all disputes that might arise in connection with the execution of these terms and conditions before any legal action, will be subject to the discretion of the editor of the site for a settlement. It is expressly stated that requests for settlement do not suspend the time limits allowed for the prosecution of legal actions.
14. Nullity
If one of the clauses of the present general conditions were to be declared invalid by a court decision, it will not affect the validity of the whole of the other clauses, which would continue to produce their effect.
15. Non-Waiver
The fact that the editor will not avail himself to any temporary or permanent basis to one or more clauses of these terms and conditions does not prevail in any case a waiver to avail him of the rest of the general conditions.
16. Terms of subscription services
To subscribe to a subscription options available on this site, users should click the button for this purpose.
They will then be redirected to a page where they shall be entitled to verify the nature and length of service they choose and can verify the unit price and the total price of subscription. On this summary will also be shown to customers the ability they have or not to exercise their right of withdrawal and the time limits that apply.
If their subscription right for them and want to validate it, users can click on to confirm, then they will go to a form in which they can either enter their login credentials if they already have or register the site using the form presented to them, with their personal information.
When they are connected or after they have fully completed the form, customers will be invited to monitor or change their billing information and then be invited to make their payment being redirected for this purpose on the secure payment interface .
Once payment is actually received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum of 24 hours.
Similarly, under the same time, the publisher agrees to send the customer an e-mail summary of its subscription and confirming him in treatment, containing further information relating to all subscribed services, their implementation and that the means of exercising their right of withdrawal.
17. Price
The prices listed on the site agreed in Euros. If they are offered in another currency, the price is a conversion of the basic price in euros. The prices are all taxes included. These prices are subject to change at any time by the editor, prices shown are valid on the day of the subscription and do not effect the future.
18. Payment
The user can place an order on this site and may make his payment by credit card or with Paypal.
The credit card payments are done through secure transaction service provided by Paypal. When paying by credit card, the publisher of this site has access to any data relating to payment of the user. Payment is made directly into the hands of the bank.
19. Provision of services
A receipt for the payment of the member by the editor, the services are activated within 48 hours.
20. Early termination
The early termination may be requested at any time by the client, without having to justify any reason, by giving 30 days and is then heard that it can not claim any compensation or reimbursement of are incurred. The early termination will result in the deadline defined in this Article, to cause the closure of the customer's account.
21. Provisions relating to consumer rights
a) Customer Service
The customer service of this site is accessible Monday to Friday from 9:00 a.m. to 6:00 p.m. GMT +1 e-mail address: support@swapyourhome.net or by mail at the following address: Biwa, Bonconseil, 73210 Bellentre, FRANCE. The publisher undertakes to respond within two business days.
b) Right of withdrawal
In accordance with current legislation, consumers have a period of 7 days from the date of purchase to request a refund in respect of their right of withdrawal. To exercise this right, it is their responsibility to send a mail to the address of the company's headquarters: Biwa, Bonconseil, France Bellentre 73210 or e-mail at the following address: support@swapyourhome.net, asking reimbursement of amounts incurred by them.
c) Delay
Any delay of more than seven days in the realization of service may result in cancellation of the sale initiated by the consumer, upon written request from him. Consumers will be reimbursed for amounts incurred by him in the order. This clause is not applicable if the delay is due to a case of force majeure beyond the control of the publisher.
In such cases, the customer agrees not to engage in legal action against the site and its publisher, and waives the cancellation of the sale under this section.
