Terms & Conditions

Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices and agreements posted on this Website.

Your use of this Website or of any content presented in any and all areas of the Website indicates your acceptance. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.

Aussie House Swap (“AUSSIE HOUSE SWAP” or “The Business”) ABN: 50 891 457 603

Business address: 3/125 Magellan St, Lismore. NSW 2480 Australia.

Mailing address: PO Box 79, Lismore. NSW 2480 Australia.

Phone: 1300 852 753   - (02) 6621 7634

Email: admin@aussiehouseswap.com.au

The Business and/or this website shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Use of Website

You must be 18 years of age or older to obtain membership or to submit any information through this Website.

The Business authorises you to view and access a single copy of the content available on or from www.aussiehouseswap.com.au/ (individually and collectively referred to the "Website") solely for your use.

Aussie House Swap Guarantee

If a paid member is not able to arrange and complete a house swap during their year of membership, they are entitled to one further year of membership for free. The member needs to have made an obvious effort to secure a house swap during this time, or this entitlement is invalid. The following will be used to measure a member's effort.

We will consider a member's effort inadequate if any of the following are true for 11 of their 12 months of membership:

  • Their house listing does not have photos of both the house and the member
  • Their house listing does not have adequate descriptions or completed profile sections
  • They have not responded in a timely fashion to all enquiries
  • They have not made at least 10 enquiries in every three months of their membership

Granting of the additional free year of membership is solely at the discretion of Aussie House Swap and it is not transferrable or redeemable. If the user fails to secure a house swap during the additional free year of membership, despite adequate effort, granting of a further year of membership is at the discretion of Aussie House Swap.

There are no other guarantees implied or expressed in this. This is purely a form of encouragement for members who have not been able to realise the kind of value from their membership that they would normally expect.

Your Conduct

This Website may be used only for lawful purposes relating to information concerning house swapping. The Business specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Business. Prohibited use includes but is not limited to:

  • The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
  • Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.
  • If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.?Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
  • Framing of or linking to any of the website content or information available from this Website.
  • Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.
  • Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.
  • Engaging in any screen scraping or data acquisition and consolidation.
  • Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Business creates to generate any Website Content or the pages making up this website.
  • Infringing the intellectual property rights of others in any way.
  • Making any unauthorized commercial use of this website.
  • Using members' contact details for any purpose other than for the purpose of this Website.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation,

(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of network security may result in civil or criminal liability. The Business will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Use of Website

Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. The Business reserves the right to restrict or terminate your access to the site or any feature or part thereof at any time without notice.

User Information

You are solely responsible for the data and information that you input or upload to the Website, including but not limited to your property descriptions and your personal profile information. You represent and warrant that the information submitted by you through this Website is your own information and is complete, accurate and truthful, and you agree to hold the Business and its officers, directors, members, employees, agents, and representatives harmless from any claims arising out information submitted to this Website by you that is inaccurate or untruthful.

You grant AUSSIE HOUSE SWAP the non-exclusive worldwide right to publish and distribute the content posted by you without any compensation. You retain the ownership and copyright to your postings. You may not use, duplicate, modify, distribute, or reproduce the content posted by others in any manner without their express permission. AUSSIE HOUSE SWAP is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users of this service.

When you submit information to this Website, you will be asked to provide AUSSIE HOUSE SWAP with certain information (your "Information") including, without limitation, a valid email address. AUSSIE HOUSE SWAP will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that AUSSIE HOUSE SWAP may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.

AUSSIE HOUSE SWAP reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Business or by third parties.

AUSSIE HOUSE SWAP accepts no responsibility for members who include, by choice or otherwise, their surname and/or home address when entering their profile details. We strongly recommend against making this information public.

If the premises you have placed on the website is not yours, you are required to have the permission of the owner/landlord documented in writing and signed by both yourself and the owner/landlord.

Please see the AUSSIE HOUSE SWAP 's Privacy Statement for further details regarding your Information.

Use of Website Information

The information contained on this Website is for informational purposes only, and the Business offers no express or implied guarantees or warranties regarding the benefits or effectiveness of any information obtained from this Website. The Business makes no express or implied guarantees or warranties that you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, that you will find compatible home exchange partners, or that a home exchange will result.

You are solely responsible for deciding whether any of the information available on the Website is suitable for your purposes. Visitors to the Website and those who use the information provided through this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.

The Business has no liability or responsibility to users for performance or non-performance of any activities in which visitors to this Website engage, for the information provided by the Business, or for any dealings with third parties with whom they come in contact through this Website.

Nothing contained on this Website is intended to provide real estate or real estate rental advice, nor is it a substitute or replacement for any such advice. You are advised to consult with real estate or other professionals with regard to any action you might undertake regarding the use of information on this Website.

Further, The Business is not liable for any damages sustained upon your reliance on the information received through this Website.

The Business is not responsible if information that is made available on this site is not accurate, reliable, complete, timely, or current, and the Business does not assume any responsibility for errors, inaccuracies, typographical errors or omissions. For all visitors to the Website, the content on the Website represents the information as at the date of publication. This site may contain certain historical information that may not be current and which is provided for your reference only. It is solely up to the member to check and confirm that details are recorded correctly.

Any reliance upon the information found on this site will be at your own risk. The Business reserves the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

The Website is only an information database incorporating an internal messaging system. AUSSIE HOUSE SWAP accepts no responsibility for any agreements or contracts entered into by and between members, and is not otherwise involved in the actual transaction between users of this Website and/or any third party.

AUSSIE HOUSE SWAP cannot verify or validate any references, written or otherwise, and accepts no responsibility of any kind concerning the credentials or information claimed by our members. As a result, AUSSIE HOUSE SWAP has no control over the quality, safety or legality of information obtained from the users or this Website and/or from third parties or the truth or accuracy of any such information.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with third parties with whom you come in contact through the Website and/or from information obtained through this Website.

AUSSIE HOUSE SWAP cannot and does not confirm that each user is who they claim to be. AUSSIE HOUSE SWAP is not and cannot be involved in user-to-user dealings, neither can we control the behavior of participants on this Website. Consequently, in the event that you have a dispute with one or more users, you release AUSSIE HOUSE SWAP, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You will indemnify and hold harmless the Business, its employees, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of your use of the website. You are aware and acknowledge that listing details on the AUSSIE HOUSE SWAP database are public and may be seen by anyone viewing the AUSSIE HOUSE SWAP website, and that these details may be indexed by search engines.

Membership Fee - Refund Policy

AUSSIE HOUSE SWAP membership fee is non-refundable once payment has been processed. In no circumstances will members be entitled to any refund of payments for chargeable services or features. We do not make any representation or guarantee that a member will engage a house swapping assignment via the site. Members are  not entitled to a refund of any "unused" portion of their subscription if they wish to cancel their subscription for any reason. Memberships are also non-transferrable.

If after one year of joining AUSSIE HOUSE SWAP you are not successful in swapping your house, you may be eligible for an additional year of membership for free (see "Aussie House Swap Guarantee" in these Terms).

Customer Comments

We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of AUSSIE HOUSE SWAP. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. AUSSIE HOUSE SWAP shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify the Business of any unauthorised use of your registration or password. Your membership may not be transferred or assigned.

Unauthorised advertising of paid accommodation

AUSSIE HOUSE SWAP is a house swapping website ONLY - where both parties enjoy free accommodation. We do not allow Bed & Breakfasts, holiday rental homes or any other PAID accommodation to be advertised on the website whether it be directly or indirectly, including communication back and forth with current members or past members. If we discover this has happened we will invoice you for each instance of unauthorised advertising at a rate of 10 times of what you have stated as a daily rate.

For example:

  • $150 / night = an advertising invoice of $1500.
  • $300 / week = an advertising invoice of $3000.

Payment of these invoices must be made within 7 days. 

We will also terminate all memberships of those who have advertised paid accommodation on or through this site.

Notification of Claimed Copyright Infringement

If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  • The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
  • A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
  • Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
  • Your name, address, telephone number and, if you have one, your e-mail address;
  • A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  • A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Intellectual Property

“AUSSIE HOUSE SWAP ” and any other Business trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Business, and any unauthorised use is unlawful. Other trademarks on this Website are the property of the respective owners, and use of them is governed by them.

This site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of AUSSIE HOUSE SWAP and is protected by copyright, trademark, and other laws of Australia and other countries. The Business reserves any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.

Disclaimers

AUSSIE HOUSE SWAP does not warrant that this website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of this website results in the need for servicing or replacing equipment or data, the Business is not responsible for those costs. The website is provided on an "as is" basis without any warranties of any kind.

AUSSIE HOUSE SWAP, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Business makes no warranties about the accuracy, reliability, completeness, or timeliness of the website content, services, software, text, graphics, and links.

The transmission of data or information (including communications by e-mail) over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, the Business does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain personal information).

While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our privacy policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

AUSSIE HOUSE SWAP takes no responsibility whatsoever for the contents of the information you have uploaded to the website, and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of files and data, or failure to store any files or data. Nor is the Business responsible for loss of files or data thourgh the action of any third party or because of circumstances beyond the Business’s control. All customers are expected to have their own backup of all of the files and data transferred to the site.

Limitation of liability

To the fullest extent permissible under applicable law, you understand and agree that neither AUSSIE HOUSE SWAP or any of its subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses.

This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

AUSSIE HOUSE SWAP's maximum liability arising out of or in connection with this website or your use of the website, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.

Disclaimer of consequential damages

In no event shall AUSSIE HOUSE SWAP, its directors, officers, members, employees, agents, representatives, suppliers, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Business is advised of the possibility of such damages.

Your liability

If you cause a technical disruption of the site or the systems transmitting the site to you or others you agree to be responsible for any and all liabilities, costs and expenses (including all legal fees) arising from that disruption.

Indemnity

You agree to defend, indemnify, and hold harmless AUSSIE HOUSE SWAP, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from

(i) your use of the AUSSIE HOUSE SWAP website;

(ii) any material you provide to the AUSSIE HOUSE SWAP website,

(iii) any website content that you use or

(iv) your breach of the terms of these terms and conditions, privacy statement, representations and warranties.

AUSSIE HOUSE SWAP shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Breach of Agreement

AUSSIE HOUSE SWAP reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Business, upon any breach by you of these Terms of Use or Privacy Statement, or if the Business is unable to verify or authenticate any information you submit to the Website.

Termination and Suspension

AUSSIE HOUSE SWAP reserves the right to remove any listing or forum submission at any time, with or without warning or notice and without refund should information or action from any member be deemed by AUSSIE HOUSE SWAP to be misleading, inappropriate or dishonest, if a member has breached the Terms of Use or Privacy Statement, or if the Business is unable to verify or authenticate any information you submit to the Website.

Additional Terms and Conditions

AUSSIE HOUSE SWAP makes no claims that the website content may be lawfully viewed or accessed in any specific jurisdiction. Access to the website content may not be legal by certain persons or in certain countries. If you access the website you are responsible for compliance with the laws of your jurisdiction.

These Terms of Use, the website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and AUSSIE HOUSE SWAP with respect to the use of website.No changes to these Terms of Use shall be made except by a revised posting on this page. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, AUSSIE HOUSE SWAP does not provide or make any undertaking as to the quality or nature of the information obtained on the Website or of any of the products or services purchased through AUSSIE HOUSE SWAP Website, or any other representation, warranty or guarantee.

These Terms of Use shall be governed by and construed in accordance with the laws of Australia applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in Australia in connection with any action arising out of or related to these terms of use or their subject matter.You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.