Cookies and this website

This website uses cookies to give you the best online experience. If you'd like to know more please read our cookie policy

  • Home
  • Terms and conditions

Terms and conditions

This page contains important information about your rights and obligations when using the www.swapandmove.co.uk website so you should read this page carefully and make sure the contents are acceptable before using www.swapandmove.co.uk.

This information on this page is split into two parts:

which collectively form the terms and conditions and are known as the "Terms".

Version 1 published on 08/10/2014

Terms of use

1
More details about information on this page
1.1
The www.swapandmove.co.uk website (referred to as the "Website") is run by Abritas Limited, company registration number 4101079, VAT number 765306523, Data Protection registration number: Z8269195, registered offices are at SoanePoint, 6 – 8 Market Place, Reading, Berkshire, RG1 2EG. In this document Abritas Ltd are referred to as "we", "us" or "our".
1.2
The Website identifies potentially suitable social housing properties that may be suitable for a mutual exchange for you as well as providing other services that may facilitate a mutual exchange for you (referred to as the "Service").
1.3
The majority of features of the Website and Service are only available to users who register on the Website (the "Registered User Service"). For the avoidance of doubt you should note that you will not be able to contact people and arrange mutual exchanges if you do not have access to the Registered User Service. See section 8 for further details on the Registered User Service.
1.4
When you use this Website and Service including the Registered User Service, you agree to be bound by these Terms. A reference to "you" or "your" is a reference to the user of this Website and the Service. Please read these Terms carefully before you use our Website. If you do not agree to these Terms, you must not use the Website.
1.5
We reserve the right to change these Terms at any time without telling you in advance. Any changes will be published on the Website and will immediately become effective. If you continue to use the Website after changes are published this will mean you accept and agree to the changes. You should therefore check this page from time to time and take notice of any changes to the Terms.
2
More details about services that are and are not provided
2.1
We reserve the right to add to, change or discontinue any part of the Service at any time without notice.
2.2
We reserve the right to discontinue your use of the Service if you do not comply with these Terms.
2.3
The details of the properties available through the Service are provided by other social housing tenants or their landlords for your information only. We do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising tenant before making any decisions or taking any action in regards to a property advertised though the Service.
2.4
The information provided on the Website and available through the Service is for general interest only and does not constitute specific advice.
2.5
We make no warranties or representations that the property information on the Website and available through the Service is correct, accurate or up-to-date.
2.6
We make no warranties as to the likelihood of you finding a suitable match leading to a successful mutual exchange.
2.7
If you find a possibly suitable mutual exchange both you and the other party will need to view the properties to confirm that they are suitable, we do not have any involvement in or responsibility for this part of the mutual exchange process. It is your responsibility to take sensible precautions to ensure your safety when viewing properties. For information only we provide some tips for viewing properties here which you may wish to consider.
2.8
If you find a suitable mutual exchange both you and the other party will need to advise your landlords who will undertake various checks before the mutual exchange can proceed, we do not have any involvement in or responsibility for this part of the mutual exchange process.
2.9
We do not guarantee that the Service will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Service unavailable without notice. We accept no liability for any interruption or loss of any aspect of the Service.
2.10
In order to use the Service you need a computer with a connection to the internet which we do not provide.
2.11
The Service may include links from the Website to other websites which are provided by third parties ("Third Party Websites"). We are not responsible for the content of Third Party Websites and do not accept any responsibility for them or for any loss or damage that may arise from your use of them, nor does the presence of links to Third Party Websites constitute an endorsement of these sites.
3
Your information and your communications
3.1
Through the Service you can upload information to the Website about your current home, the home that you want and other information about you ("Your Information") and you can communicate with other Service users ("Your Communications").
3.2
By submitting Your Information and / or Your Communications you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to (a) use, reproduce, distribute, display, modify and edit Your Information and / or Your Communications in connection with the Service and (b) sublicense these rights. We will not pay you any fees for Your Information or Your Communications and reserve the right in our sole discretion to remove or edit them at any time. You also warrant and represent that you have all rights necessary to grant us these rights. Subject always to these Terms we permit you to post Your Information and / or Your Communications on the Website.
3.3
Your Information and Your Communications are your views and do not represent our views or values.
3.4
All of Your Information and Your Communications must
3.4.1
be accurate when you are stating a fact such as a feature of your home; and
3.4.2
be genuinely held when you are offering an opinion ; and
3.4.3
comply with the applicable law of the country from which they were posted.
3.5
Your Information and Your Communications must not
3.5.1
contain any material which is defamatory of any person; or
3.5.2
contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
3.5.3
contain any material which does or could potentially infringe the intellectual property rights of a third party; or
3.5.4
contain any materials which are protected by copyright unless you have the permission of the copyright owner; or
3.5.5
contain any materials which may encourage a breach of any relevant laws or regulations. In particular you should note that it is illegal to offer any financial inducement to facilitate a mutual exchange.
3.6
Your Information and Your Communications will be checked by third parties for profanities or other inappropriate content. This checking will be partly automated and partly by a person viewing Your Information and / or Your Communications. You agree to Your Information and Your Communications being checked in this way by third parties. The third parties that undertake these checks are commissioned by us and may change from time to time.
3.7
We reserve the right to remove any of Your Information and Your Communications at any time without notice and without having to give a reason.
3.8
It is your responsibility to update any changes to the details of Your Information.
3.9
By accepting these Terms you agree that we or your Current Landlord has the right to amend Your Information in order to increase the chances of you successfully achieving a mutual exchange.
4
Your obligations and conduct
4.1
The Service is only available to persons resident in the United Kingdom who are capable of forming a legally binding contract and in accepting these Terms you are declaring that you are a resident of in the United Kingdom and are capable of forming a legally binding contract.
4.2
You may only use the Website and Service for your own personal use.
4.3
You are responsible for checking, confirming and satisfying yourself as to the accuracy of any properties available through the Service.
4.4
You are responsible for always complying with clause 3 for all of Your Information and Your Communications.
4.5
You must not attempt to adapt, alter, amend, modify, reverse engineer, decompile, disassemble or decode the Website.
4.6
You must take reasonable precautions to avoid the introduction of viruses, trojans, worms, logic bombs or other material to the Website which is or could be malicious or technologically harmful.
4.7
You must not access the Website using any automated program such as a spider or web crawler.
4.8
You may only link to the home page, login page and general information pages of the Website. You may not link to any page displaying information about individual properties.
4.9
If you register on the site then you must ensure that your login details are used only by you and are kept secret at all times.
5
Liability
5.1
We shall not have any liability under these Terms other than in respect of
5.1.1
death or personal injury arising from our own negligence or that of our employees, agents or contractors while acting in the course of their employment or appointment (as the case may be) by us; or
5.1.2
any liability of ours which cannot by law be excluded or restricted.
5.2
Subject to clauses 5.1.1 and 5.1.2, we shall not be liable, in connection with these Terms whether under contract, tort (including negligence) or otherwise for any indirect, special or consequential loss, even if the loss is reasonably foreseeable or we had been advised of the possibility of you incurring the loss, cost or expense of any kind whatsoever and howsoever caused, including without limitation loss of business, loss of production, business interruption, loss of or corruption to data, loss of sales, loss of turnover, loss of revenue, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings, losses incurred by any any other third party or wasted or additional management or staff time. Should you not agree with any part of these Terms or have any dispute or claim against us with respect to these Terms or the Service, your exclusive remedy will be to discontinue using the Service.
5.3
Subject to clauses 5.1.1 and 5.1.2 we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with
5.3.1
use of, or inability to use, our Service; or
5.3.2
use of or reliance on any content or information available through the Service; or
5.3.3
a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or any website linked to it; or
5.3.4
failures due to software or internet errors or unavailability.
5.4
You are solely responsible for any liability arising out of Your Information and Your Communications or any material to which users of the Service can link to from Your Information or Your Communications.
5.5
You indemnify us against any claims, losses or damages arising from your use of the Service.
6
Warranty
6.1
We warrant that we shall use reasonable skill and care in the provision of the Service.
6.2
Except insofar as is prohibited by law, all warranties, conditions, statutory or otherwise, and representations express or implied, that might apply in relation to our obligations hereunder are excluded from these Terms and disclaimed by us in particular, but without limitation of the foregoing, we disclaim any express or implied warranties that might arise from a course of dealing, usage or trade practice or regarding hidden functionality within the Service which may be detrimental to the operation and/or security of the Service including but not limited to viruses. You accept all risks and liabilities associated with its use of the Service which are not expressly designated in these Terms as being our responsibility.
6.3
Except for the warranty that is given in clause 6.1, we give no other warranties or representations with regard to the Service or the Website.
7
Intellectual property
7.1
The Website and Service and all copyright, trademarks and other intellectual property rights that exist within them are and shall remain our exclusive property and/or our licensor(s). Nothing in this Agreement shall pass to you any rights of title or ownership in such property.
7.2
Subject to clause 4, you may download material from the Website for the sole purpose of using the Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Website without our prior written consent.
8
Registered User Service
8.1
The Registered User Service provides access to the majority of features of the Website and Service.
8.2
You the person that you are representing must be the holder of a social housing tenancy in the United Kingdom in order to register for the Registered User Service.
8.3
There are three ways to access the Registered User Service
8.3.1
your current social landlord ("Current Landlord") may pay a subscription fee ("Landlord Subscription"). While your Current Landlord continues to pay the subscription fee you will be able to access the Website and Services without you paying any charge; or
8.3.2
we may offer access to the website free of charge for a limited period ("Free Period of Access"); or
8.3.3
you can pay a subscription fee ("User Subscription") for access which will give you access for a period of time after which the subscription fee must be paid again. The details of available payments methods and associated access periods are clearly described on the Website.
8.4
If you register on the Website to use the Registered User Service then there may be an authorisation process either by us or by your Current Landlord. We reserve absolutely the right to refuse your registration. Your Current Landlord also has the absolute right to refuse your registration. If we or Your Current Landlord refuse your registration then you must not then attempt to use this Website under any other name or through any other user.
8.5
If you take out a User Subscription there will be a cooling off period (Cooling Off Period) of seven days during which you will be able to cancel your User Subscription and your payment will be refunded within 30 days. Note that if you use the Registered User Service during the Cooling Off Period then you will automatically loose the right to a refund.
8.6
After the Cooling Off Period if you are paying a User Subscription and your Current Landlord starts to pay a Landlord Subscription you will not be entitled to any refund of your User Subscription.
8.7
You may only use the free offer associated with the Free Period of Access once for a tenancy. A tenancy is the legal agreement between you and a Current Landlord for a social housing property. We will decide at our sole discretion if the Free Period of Access has been used more than once for a tenancy and if we believe this to be the case we will remove access to the Registered User Service.
8.8
We may at our sole discretion, without notice, add features to or remove features from the Registered User Service.
8.9
If your Current Landlord opts to pay a Landlord Subscription then they may take on some of the responsibilities undertaken by us including but not limited to barring from the website as described in clauses 9.1 and 9.2.
8.10
Signing up to the Registered User Service means that you agree to receiving communications by email via the Website regarding exchanging your property and you can also choose to publish your contact details including your email address and phone numbers in which case you may be contacted directly by phone or email.
8.11
Signing up to the Registered User Service means that you may receive communications from
8.11.1
us; and
8.11.2
your Current Landlord; and
8.11.3
other tenants who may be interested in your property; and
8.11.4
other landlords of other tenants who may be interested in your property; and
8.11.5
others who may be involved in the process of facilitating a mutual exchange for someone.
8.12
You can manage your communication preferences from Registered User Service in the ‘Your Account’ section of the Website.
8.13
You can cancel your registration to the Registered User Service at any time from the ‘Your Account’ section of the Website.
8.14
Signing up to the Registered User Service means that you will automatically be registered for the HomeSwap Direct scheme which is a government backed scheme to share information about mutual exchanges and which makes Your Information available to other mutual exchange services. By signing up to the Registered User Service you agree to Your Information being available to other mutual exchange services through HomeSwap Direct. If you do not want your information to be available through other mutual exchange services your only remedy will be to discontinue using the Registered User Service. In this situation after the Cooling Off Period no refund will be made to any User Subscription you may have paid.
9
Barring from the site and other remedies
9.1
We reserve the right to bar you from Website and the Service or disable your access or use of any or all elements of the Website, Service and Registered User Service, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Website under any other name or through any other user.
9.2
At our sole discretion we will decide if there has been a breach of these Terms and if we decide that there has been a breach then we will take action that we deem appropriate including but not limited to:
9.2.1
temporary or permanent suspension of your right to use the Service; and
9.2.2
removal of any or all of Your Information and Your Communications; and
9.2.3
further legal action against you; and
9.2.4
disclosure of relevant information to your Current Landlord, law enforcement agencies or other relevant agencies.
10
Notification
10.1
All notices to us shall be to tenants@swapandmove.co.uk or by post to our address provided at the beginning of these Terms.
10.2
If you have registered to use our Registered User Service then we may serve a notice on you by email at the email address provided to us at the point of registration.
10.3
All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
11
General
11.1
These Terms supersede all prior agreements, arrangements and understandings between the parties and constitute the entire agreement between the parties relating to the Service. You warrant to us that you have not been induced to enter into this agreement by any prior representations whether oral or in writing, except as specifically contained in these Terms.
11.2
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the invalidity or unenforceability shall not affect the other provisions of these Terms and all provisions not affected shall remain in full force and effect. Both parties will use reasonable endeavours to substitute the affected provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
11.3
These Terms will be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts (but note that we reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.)
11.4
No person who is not a party to these Terms shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.5
You may not assign or transfer any benefit, interest or obligation under these Terms.
11.6
We may assign our rights to this agreement without your consent. We will notify you of any assignment that we make via a posting on the Website.
11.7
Clauses 1.4, 1.5, 2.1, 2.3, 2.4, 2.5, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 5.1, 5.2, 5.3, 5.4, 5.5, 6.1, 6.2, 6.3, 7.1, 7.2, 8.7, 8.14, 11.2, 11.3 and 11.5 shall survive the termination of the agreement between us and you under the Terms.
11.8
If you have any questions or comments about these Terms please contact us by emailing tenants@swapandmove.co.uk or write to us at Swap and Move, Abritas Ltd, SoanePoint, 6 – 8 Market Please, Reading, Berkshire, RG1 2EG.

Privacy policy

12
Who are we?
12.1
The www.swapandmove.co.uk website is run by Abritas Limited, company registration number 4101079, VAT number 765306523, Data Protection registration number: Z8269195, registered offices are at SoanePoint, 6 – 8 Market Place, Reading, Berkshire, RG1 2EG. In this document Abritas ltd are referred to as "we", "us" or "our".
12.2
A reference to "you" or "your" is a reference to a user of the Website or any of our services.
13
Introduction
13.1
This privacy policy and the associated terms of use describe what we do with information collected about you. This policy and the terms of use explain how and for what purposes we use the information collected about you. Please read this privacy policy and the terms of use carefully. By using the Website and Services, you are agreeing to be bound by this privacy policy in respect of the information that we collect about you.
13.2
If you have any queries or comments about this privacy policy or our use of your personal information please get in touch by tenants@swapandmove.co.uk or writing to The Privacy Manager at the address provided at the beginning of this policy.
13.3
We use the information we collect about you to
13.3.1
facilitate mutual exchanges of social housing properties; and
13.3.2
improve the features and services we offer; and
13.3.3
support our own marketing and promotion efforts; and
13.3.4
allow you to participate in our interactive services; and
13.3.5
provide you with information which we think will facilitate mutual exchange of social housing properties; and
13.3.6
enforce our Terms of Use located here.
14
Personal information collected
14.1
Through the Service you can upload information to the Website about your current home, the home that you want and other information about you ("Your Information") and you can communicate with other Service users ("Your Communications").
14.2
If you register you can save properties you are interested in and we can identify which properties you have saved.
14.3
The Website has an alert feature which sends you email notification when new properties matching your criteria are added to this Website, we record the settings you use and which properties have been sent to you.
15
Who has access to the personal information that you provide or that we collect?
15.1
We retain access to all personal information that we have collected from you.
15.2
We publish the personal information on the Website. Information about your current property is available to anyone who visits the Website, all personal information that you have agreed to publish, including details of how to contact you, is available to people who register on the Website.
15.3
As part of the process of finding a suitable mutual exchange you may be contacted by other people who are registered on the Website or others who are trying to find a mutual exchange for someone registered on the Website. See clause 8.10 and 8.11 for further details.
15.4
Details of your property may be included in emails sent to other people who register on the Website.
15.5
Using the service means that you will automatically be registered for the HomeSwap Direct scheme which is a government backed scheme to share information about mutual exchanges and which makes your personal information available to other mutual exchange services. By signing up to the service you agree your personal information being available to other mutual exchange services through HomeSwap Direct.
15.6
If your Current Landlord opts to pay a Landlord Subscription as described in clause 8.3.1 then they will have access to all personal information that we have collected from you. Their use of your personal information is governed by their privacy policies. We are not responsible for the privacy policies and practices of your Current Landlord.
15.7
Your personal information is available to housing associations, councils, landlords and any other relevant third parties that are involved in the process of finding suitable mutual exchanges for their tenants.
15.8
Any photos that you upload to the site are checked for suitability by a third party before publishing.
15.9
If our business enters into a joint venture with or is sold to or merged with another business entity, your personal information may be disclosed and ultimately transferred to our new business partners or owners.
15.10
If we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information then we are entitled do so.
15.11
We will not otherwise disclose, sell or distribute your personal information to any third party without your permission unless we are required to do so by law.
16
Access to your personal information
16.1
You can view and change the personal information that we hold by logging in to your account and navigating to the ‘Your Account’ page. You can also deactivate your account from here.
16.2
You can request we provide you a copy of the personal information we hold by emailing tenants@swapandmove.co.uk. We may charge a small administration fee to cover the data search, preparation and delivery. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date.
17
Use of cookies and tracking
17.1
Like many websites, we use "cookies" to enable us to personalise your visits to this Website, simplify the signing-in procedure, keep track of your preferences and to track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that you will not be able to access the entire Website if you do this.
17.2
In addition to cookies we set we also use Google Analytics to provide us with more information about site usage. Google Analytics also creates cookies on your hard drive. These cookies do not contain any personally identifiable information about you.
17.3
For more information about cookies used on the Website please see here
17.4
Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our Website traffic e.g. IP address, numbers of pages viewed, length of time spent on Website. We use log files to build pictures of how the Website is used that help us to monitor and improve the service.
18
Security and location of your personal information
18.1
We recognise that the security of your personal information is of paramount importance and we have a security policy in place governing all aspects of what we do to ensure the security of your personal information. This security policy provides procedures that stipulate that we take reasonable steps to ensure that your personal information is not damaged, destroyed, or disclosed to people it should not be disclosed to.
18.2
You acknowledge and agree that we shall not be responsible for any unauthorised use, distribution, damage or destruction of your personal information, except to the extent that we are required to accept such liability under the Data Protection Act 1998.
18.3
Your personal information is stored within the European Economic Area and where practical is stored in encrypted form.
18.4
Any photographs that you upload to the Website are checked before publishing to ensure that the content is appropriate; the company that undertakes these checks is outside the European Economic Area.
18.5
We will retain your personal information for a reasonable period or for as long as is required by law.
19
Changes to this privacy policy
19.1
We may change this privacy policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this policy will be posted on this page on the Website.