Last updated: February 26, 2023
Please read these Terms of Service for Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Swapdesk Platform, you agree to comply with and be bound by these Terms.Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against Swapdesk Inc. in the United States. It affects how disputes with Swapdesk Inc. are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Swapdesk Inc. is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
These Terms constitute a legally binding agreement ("Agreement") between you and Swapdesk Inc. (as defined below) governing your access to and use of the Swapdesk website, including any subdomains thereof, and any other websites through which Swapdesk Inc. makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Swapdesk Services"). The Site, Application and Swapdesk Services together are hereinafter collectively referred to as the “Swapdesk Platform”. All of our other defined policies are applicable to your use of the Swapdesk Platform are incorporated by reference into this Agreement.
When these Terms mention “Swapdesk,” “we,” “us,” or “our,” it refers to Swapdesk Inc.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Swapdesk, you should always seek legal guidance.
1. Scope of Swapdesk Services
1.1 The Swapdesk Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Swapdesk Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Swapdesk Platform, Swapdesk does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Swapdesk an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Swapdesk is not and does not become a party to or other participant in any contractual relationship between Members, nor is Swapdesk a real estate broker or insurer.
1.3 While we may help facilitate the resolution of disputes, Swapdesk has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Swapdesk does not endorse any Member, Listing or Host Services. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Swapdesk of any Host or Listing.
1.4 If you choose to use the Swapdesk Platform as a Host or Co-Host (as defined below), your relationship with Swapdesk is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of Swapdesk for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Swapdesk. Swapdesk does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Swapdesk Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Swapdesk may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Swapdesk cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The Swapdesk Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Swapdesk is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Swapdesk of such Third-Party Services.
1.7 Swapdesk is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Swapdesk Platform. Swapdesk may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Swapdesk Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Swapdesk Platform. Section 17 (Liability) remains unaffected. Swapdesk may improve, enhance and modify the Swapdesk Platform and introduce new Swapdesk Services from time to time. Swapdesk will provide notice to Members of any changes to the Swapdesk Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
1.8 If you choose to use the Swapdesk Platform, you are solely responsible for adhering to all of your contracted employer policies and regulations governing your employment with the entity that has contracted with Swapdesk to provide you access to the platform, or to whom your employment is governed by regardless of whether this employer has contracted with Swapdesk or whether you have joined the platform independently without your employers communicated approval to do so. Adherence to any employer policies, rules, regulations are to be managed solely between yourself and your employer; Swapdesk has no involvement in the reporting, guidance, or enforcement of corporate policy. You act exclusively on your own behalf and are responsible for ensuring that any activities taken on and using the Swapdesk Platform are in accordance with all employer contracted corporate policies which govern your employment. Swapdesk does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your relationship with your employer.
2. Eligibility, Using the Swapdesk Platform, Member Verification
2.1 In order to access and use the Swapdesk Platform or register an Swapdesk Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Swapdesk may make access to and use of the Swapdesk Platform, or certain areas or features of the Swapdesk Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we or a contracted third-party may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Swapdesk Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Swapdesk Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Swapdesk Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Swapdesk Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Swapdesk reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Swapdesk Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Swapdesk Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Swapdesk Account") to access and use certain features of the Swapdesk Platform, such as publishing or booking a Listing. If you are registering an Swapdesk Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Swapdesk Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Swapdesk Account and your SNS Account at any time, by accessing the "Settings" section of the Swapdesk Platform
4.3 You must provide accurate, current and complete information during the registration process and keep your Swapdesk Account and public Swapdesk Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Swapdesk Account unless Swapdesk authorizes you to do so. You may not assign or otherwise transfer your Swapdesk Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Swapdesk Account credentials and may not disclose your credentials to any third party. You must immediately notify Swapdesk if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Swapdesk Account. You are liable for any and all activities conducted through your Swapdesk Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Swapdesk may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Swapdesk Account. For example, we may enable Members to link their Swapdesk Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Swapdesk to ask for your credentials, and you shall not request the credentials of another Member
5.1 Swapdesk may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Swapdesk Platform ("Member Content"); and (ii) access and view Member Content and any content that Swapdesk itself makes available on or through the Swapdesk Platform, including proprietary Swapdesk content and any content licensed or authorized for use by or through Swapdesk from a third party ("Swapdesk Content" and together with Member Content, "Collective Content"
5.2 The Swapdesk Platform, Swapdesk Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Swapdesk Platform and Swapdesk Content, including all associated intellectual property rights, are the exclusive property of Swapdesk and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Swapdesk Platform, Swapdesk Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Swapdesk used on or in connection with the Swapdesk Platform and Swapdesk Content are trademarks or registered trademarks of Swapdesk in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Swapdesk Platform, Swapdesk Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Swapdesk Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Swapdesk or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Swapdesk grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Swapdesk Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You acknowledge and agree that Swapdesk shall have the right to use any Images in accordance with Section 5.5 for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where Swapdesk is not the exclusive owner of Images, by using such Images on or through the Swapdesk Platform, you grant to Swapdesk an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. Swapdesk in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Swapdesk Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Swapdesk Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Swapdesk Platform or you have all rights, licenses, consents and releases that are necessary to grant to Swapdesk the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Swapdesk's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Swapdesk’s Content Policy or any other Swapdesk policy. Swapdesk may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Swapdesk’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Swapdesk, its Members, third parties, or property. Where Swapdesk removes or disables Member Content, Swapdesk will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.9 Swapdesk respects copyright law and expects its Members to do the same. If you believe that any content on the Swapdesk Platform infringes copyrights you own, please notify us.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Swapdesk Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Swapdesk. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price for charges such as cleaning fees for your Listing. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Swapdesk reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Swapdesk Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made.
7.1.7 Swapdesk recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Swapdesk, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Swapdesk Platform.
7.2.3 Any Listing you post and the booking of, or a Guest's stay at, an Accommodation shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
8. Terms specific for Guests
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Swapdesk and/or the Host, you can book a Listing available on the Swapdesk Platform by following the respective booking process. All applicable fees, including the Security Deposit (if applicable), Cleaning Fee (if applicable), Swapcover insurance fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Swapdesk Account.
8.1.2 Upon receipt of a booking confirmation from Swapdesk, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Swapdesk Payments will collect the Total Fees at the time of the booking request
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Swapdesk Platform or direct Swapdesk customer service to make ("Booking Modifications"), and agree to pay any additional fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking.
9.4 In certain circumstances, Swapdesk may cancel a pending or confirmed booking on behalf of a Host or Guest and initiate corresponding refunds and payouts.
9.5 If a Guest who books an Accommodation suffers a Travel Issue, Swapdesk may determine to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.6 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Swapdesk Account, and Swapdesk Payments will handle all such payments.
9.7 In the event of a swap cancellation or modification, Swapdesk will not be liable and is not required to refund any costs or expenses a user has or will incur in relation to that swap.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Swapdesk. Ratings and Reviews are not verified by Swapdesk for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Swapdesk Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Swapdesk, you will be given an opportunity to respond. If you agree to pay the Host, or Swapdesk determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Swapdesk via Swapdesk Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Swapdesk also reserves the right to otherwise collect payment from you and pursue any remedies available to Swapdesk in this regard in situations in which you are responsible for a Damage Claim. You may appeal a decision taken by Swapdesk on the basis of this Section 11.2 by contacting customer support. Any decisions made by Swapdesk in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
11.3 Members agree to cooperate with and assist Swapdesk in good faith, and to provide Swapdesk with such information and take such actions as may be reasonably requested by Swapdesk, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation. A Member shall, upon Swapdesk's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Swapdesk or a third party selected by Swapdesk or its insurer, with respect to losses for which a Member is requesting payment from Swapdesk (including but not limited to payments under the Swapdesk Host Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
12. Rounding off
Swapdesk generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Swapdesk’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Swapdesk may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Swapdesk may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Swapdesk Platform. In connection with your use of the Swapdesk Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that Swapdesk has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Swapdesk Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Swapdesk in good faith, and to provide Swapdesk with such information and take such actions as may be reasonably requested by Swapdesk with respect to any investigation undertaken by Swapdesk or a representative of Swapdesk regarding the use or abuse of the Swapdesk Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Swapdesk by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or Swapdesk terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Swapdesk Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Swapdesk Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Swapdesk may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Swapdesk may immediately, without notice, terminate this Agreement and/or stop providing access to the Swapdesk Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Swapdesk, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Swapdesk may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Swapdesk Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Swapdesk otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Swapdesk, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Swapdesk and an opportunity to resolve the issue to Swapdesk's reasonable satisfaction.
15.6 When this Agreement has been terminated, you are not entitled to a restoration of your Swapdesk Account or any of your Member Content. If your access to or use of the Swapdesk Platform has been limited or your Swapdesk Account has been suspended or this Agreement has been terminated by us, you may not register a new Swapdesk Account or access and use the Swapdesk Platform through an Swapdesk Account of another Member.
To the maximum extent permitted by applicable law, you agree to release, defend (at Swapdesk’s option), indemnify, and hold Swapdesk and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Swapdesk Platform or any Swapdesk Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
17. Dispute Resolution and Arbitration Agreement
17.1 No Class Actions or Representative Proceedings. You and Swapdesk acknowledge and agree that, to the fullest extent permitted by law, we are each waiving 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, unless you and Swapdesk both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.1 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.1 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Swapdesk agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
17.2 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Swapdesk changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Swapdesk’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Swapdesk (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Swapdesk.
17.3 Survival. This Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Swapdesk Platform or terminate your Swapdesk Account.
18. General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Swapdesk and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Swapdesk and you in relation to the access to and use of the Swapdesk Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and Swapdesk as a result of this Agreement or your use of the Swapdesk Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 Swapdesk’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Swapdesk's prior written consent. Swapdesk may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
18. General Disclaimers
18.1 The information contained on Swapdesk is for general information purposes only.
Swapdesk assumes no responsibility for errors or omissions in the contents of Swapdesk Services or any actions taken as a result of using Swapdesk Services.
In no event shall Swapdesk be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of Swapdesk Services or the contents of Swapdesk Services. Swapdesk reserves the right to make additions, deletions, or modifications to the contents on Swapdesk Services at any time without prior notice.
Swapdesk does not warrant that Swapdesk Services is free of viruses or other harmful components.
18.2 External Links Disclaimer
Swapdesk Services may contain links to external websites that are not provided or maintained by or in any way affiliated with Swapdesk.
Please note that Swapdesk does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
18.3 Errors and Omissions Disclaimer
The information given by Swapdesk is for general guidance on matters of interest only. Even if Swapdesk takes every precaution to ensure that the content of Swapdesk Services is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on Swapdesk Services.
Swapdesk is not responsible for any errors or omissions, or for the results obtained from the use of this information.
18.4 Fair Use Disclaimer
Swapdesk may use copyrighted material which has not always been specifically authorized by the copyright owner. Swapdesk is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
Swapdesk believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from Swapdesk Services for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
18.5 Views Expressed Disclaimer
Swapdesk Services may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including Swapdesk.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. Swapdesk is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
18.6 No Responsibility Disclaimer
Swapdesk Services is provided with the understanding that Swapdesk is not herein engaged in rendering legal, insurance, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional advisers.
In no event shall Swapdesk be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use of Swapdesk Services.
18.7 "Use at Your Own Risk" Disclaimer
All components, information, and actions contained or facilitated via Swapdesk Services is provided "as is", with no guarantee of experience, completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, experience. merchantability and fitness for a particular purpose.
Swapdesk will not be liable to You or anyone else for any decision made or action taken in reliance on the information or actions facilitated by or agreed upon via Swapdesk Services or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Swapdesk will not be liable to You or anyone else for any damages or claims that come as a result of using Swapdesk Services to facilitate a home swap. You are required to abide by local laws and regulations governing such practices and are wholly responsible for any damages or claims that occur during your home swap or come as a result of your home swap. You are responsible for ensuring that you have adequate insurances in place, and for informing existing insurance providers of any activities relating to a home swap. Swapdesk does not provide any insurance services and will not be liable for any claims that come as a result of a home swap.
19. Terms of Service Support
If you have any questions about this Disclaimer, You can contact us by email: email@example.com