Terms & Conditions

homes2swap.co.nz is New Zealand's only online site dedicated entirely to the permanent swapping of residential real estate. These terms and conditions are provided to ensure that homes2swap.co.nz is maintained as a credible venue for you to swap your most valuable asset, your home. The homes2swap.co.nz website is provided by HOMES2SWAP NZ LIMITED.

1.  Acceptance
 
The terms and conditions are those upon which HOMES2SWAP offers you access to its website. By using the homes2swap.co.nz website you agree to accept these terms and conditions. If you do not accept these terms and conditions, you must desist from listing your property on the website or making use of the website for any other reason.

2.  Updates & Amendments

Our terms and conditions may be updated or amended by HOMES2SWAP at any time without prior consultation. Updates and amendments will be made on-line and will be effective immediately they are posted to the website. It is your responsibility to ensure that you are familiar with these terms and conditions and any updates and amendments that are posted from time to time. Your continued use of the website implies your agreement to be bound by the terms and conditions as amended.

3.  The homes2swap.co.nz Website

HOMES2SWAP provides this venue for you to list and advertise, view and enquire upon residential properties that are available to swap with other residential property. Home2Swap takes no part in any resulting transaction other than in providing our website for users to neutrally locate and make contact with each other. If an offer to swap is successfully negotiated between two parties, a contract will be formed directly between them. We do NOT act as an agent for either party and do not participate in any swap or sale transaction between yourself and other listers.

4.  Your Risks as a HOMES2SWAP Lister

Your property listing and any contact between you and other listers/enquirers are conducted entirely at your own risk. You agree that HOMES2SWAP has no responsibility or liability for any misconduct of any of its users, without limitation, who may have listed their property under false pretences or who may attempt to defraud you in some way. HOMES2SWAP provides no undertakings, representations, or warranties in relation to properties advertised and listed on the website, including ownership, description, quality or worthiness of the property, accuracy or truthfulness of the lister, your expectations, or the ability of the swappers to successfully complete the transaction. 

It is solely your responsibility to validate any information of whatsoever nature appearing on the website.

5.  Liability

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of HOMES2SWAP to you or any other person under or in connection with these terms and conditions, or in connection with this website, another lister's acts or omissions, or your use of/or inability to use this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. HOMES2SWAP's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 

While HOMES2SWAP will use all reasonable endeavours to avoid unavailability or failure of the website, it has no liability for any lack of performance, including listings not being placed on time or timeliness of communications, unavailability or failure of the website, or for any failure of HOMES2SWAP to comply with these terms & conditions.
          
6.  Disclaimers

You understand and agree that:

1. Your use of the website is at your own risk. The website is provided on an "as is - as available" basis. To the maximum extent permitted by law and without limiting clause 5 above, HOMES2SWAP disclaims and excludes all implied conditions or warranties.
   
2. While HOMES2SWAP endeavours to ensure that the website is normally available 24 hours a day, it does not warrant that the website will be uninterrupted, timely, secure, or error free, or that any information provided on the website is error-free or reliable, and further, HOMES2SWAP assumes no responsibility for the corruption of any data or information held by HOMES2SWAP.
   
3. No advice or information that is obtained by you from HOMES2SWAP or anyone else shall create any warranty by HOMES2SWAP that is not expressly stated in the terms and conditions.
   
4. Responsibility for the content of advertisements and listings appearing on this website rests solely with the advertisers and listers. The placement of such advertisements and listings on the website does not constitute HOMES2SWAP endorsement of the advertised or listed product or service. Each advertiser and lister is solely responsible for any representation made in connection with its advertisement and/or listing, and
   
5. HOMES2SWAP offers no guarantee and makes no warranty as to the likelihood of finding a suitable match leading to a successful swap.

7.  Privacy Policy 

Your privacy is important to us. To better protect your privacy we provide this Privacy Policy, which explains our online information practices and the choices you can make about the way your information is collected and used.

This Privacy Policy applies to all information collected or submitted on our website. On some pages, you may be able to order products, make requests, and register to receive email updates. The types of personal information collected at these pages include:

• Name
• Address 
• E-mail address
• Phone number

We do not share this information with other parties without your express permission. We may use your e-mail address to communicate with you, for example, to notify you of special offers or programs you might find of interest.

We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to provide listing status, new listings information and to respond to queries.

We may use non-identifying and aggregate information to better design our website and share with our advertising agencies. For example, we may tell an advertising agency that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our enquiry form, but we would not disclose anything that could be used to personally identify those individuals.

If you choose to register or receive products or materials from us, or to otherwise give us personal information, we may store some or all of that personal information and use it for marketing research and marketing purposes.

We will never sell your personal information to any other company.

In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.

Finally, we never use or share personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

8.  Fees

• HOMES2SWAP charges fees for the use of the homes2swap.co.nz website as a venue to enable you to advertise and list your property to swap with another property that you have indicated may match your predetermined criteria.
• HOMES2SWAP current fees are listed on our Listing Fees Page in the How You Save $s section.
• Listing fees are payable prior to advertising on the website and are not refundable.
• HOMES2SWAP reserves the right to change the fees charged for any service at any time. In the event that we introduce a new service, the fees for that service are effective upon the launch of the service, unless otherwise stated.
• Listings will not be activated by the HOMES2SWAP administrator until the appropriate fee is paid in accordance with the payment instructions issued to the lister at the time.

8.  General Terms & Conditions

• All advertisements, listings and contact enquiries shall be made in good faith.
• By submitting property for listing you give your full permission and consent for HOMES2SWAP to correct spelling or punctuation in any proposed listing, and to remove any wording or other content in any proposed listing which in the sole discretion of HOMES2SWAP is considered offensive in any way.
• HOMES2SWAP reserves the right to remove at anytime and without prior notification or explanation any property listed on its website.
• HOMES2SWAP reserves the right to remove, or mark as swapped, any property from its website if it discovers that the property has been swapped or sold and is no longer available to enquirers.  
• You will advise HOMES2SWAP immediately an unconditional swap has been achieved, to allow HOMES2SWAP to either remove the listing or otherwise indicate that the property is no longer available.
• You will not attempt to damage, interfere with or harm the website. 
• All property valuations and estimates must be in New Zealand dollars. Residential real estate is exempt from GST. Any tax obligations are the responsibility of the parties to the swap.
• You will only submit listings that are accurate, current, complete, and include all relevant information about the terms of the swap.
• You will only place listings for properties that exist and are available to be swapped. You will not advertise or list property that you are not legally entitled to sell or that is not in your possession.
• You will not submit for publication, property advertisements and listings which are unlawful, harmful, threatening, obscene, abusive or otherwise objectionable to other users of the website.
• As HOMES2SWAP is not a party to any swap transaction between you and another advertiser, you agree not to involve, or attempt to involve HOMES2SWAP in any dispute, or in the resolution of disputes that arise between you and others as a result of the listing and advertising services provided.
• These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
• HOMES2SWAP (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights to the website.
• In the event that any of these terms and conditions are declared invalid or unenforceable by a Court of Law, all other clauses or part of clauses contained in these terms and conditions shall remain in full force and effect and shall not be affected by such a finding.  

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