Premium Home Swap – Terms and Conditions

1 Introduction and Definitions

These terms and conditions sets out the responsibilities of Premium Home Swap and the users of the Premium Home Swap website and services.

In this Agreement the following terms have the meanings described below unless the context denotes otherwise:

"Agreement" means the agreement between You and The Company incorporating these terms and conditions of use, as amended from time to time in the manner set forth herein;

“the Company” means Premium Home Swap Limited ABN 56 148 816 095

“Listing” means the information in text, images and other forms posted onto the Site to describe a property for possible exchange;

"Member, User, You, Your" means the person who registers for the service, accepts the terms and conditions of this Agreement and whose application for membership of the service is accepted by the Company. You must be an individual and not operating in any form of a commercial context whether incorporated or not;

“Exchange Partner” means the Member with whom You have agreed to undertake a home exchange;

“the Service” means the functionality of the Site and the information and services provided by The Company for facilitation of home exchanges between Members;

“the Site” means the website located at;

“Trademarks” means all trademarks and logos on the Site including but not limited to the Premium Home Swap logo.

2 Premium Home Swap Services

Premium Home Swap is only responsible for publishing listings on the website.

Premium Home Swap relies on the integrity and responsibility of the listing parties.

Premium Home Swap does not verify the existence or content of any property and does not guarantee an exchange of any kind. The company is not responsible for the accuracy of the home listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service.

 Members and users of all company services take sole responsibility for any and all agreements reached through use of this site.

3 Membership

Membership Eligibility: Our services are available only to, and may only be used by, Members who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. By applying to join as a Member you are indicating to us that you are 18 years of age or older. Our services are not available to temporarily or indefinitely suspended Members. If you do not qualify, please do not use our services.

Fees: To become a Member, individuals must fill out the Registration Form and pay a subscription fee in the amount prescribed from time to time, being for a one-year membership. Unless otherwise specified by us, the prescribed annual subscription fees is exclusive of GST and applicants must also pay an amount equal to GST and any other taxes or duties payable when paying the subscription fee. Payments must be made via the secure payment facility on the Site.

Membership Non-Transferable: Membership is not transferable.

First Year Guarantee: Premium Home Swap offers to give members a second year free if they don’t arrange a home exchange in their first year only if:

-The member has added at least three photos to their listing

- The member has proactively attempted to arrange swaps by contacting at least six site members in pursuit of a home exchange.

-The member has contacted Premium Home Swap before the end of their first years membership is due to expire, requesting the guarantee be enacted.  The offer is not extended beyond the first year’s membership.

Membership Termination: We can terminate your membership at any time if you are deemed by us in our absolute discretion to have breached any of the Terms of Use listed here or are deemed by us in our absolute discretion for any other reason to be unsuitable. Without limiting the foregoing, we may, in our sole discretion, suspend or terminate your membership if we suspect (in our sole discretion) that you have engaged in fraudulent activity in connection with the Site. A refund might be awarded to you in the event of such termination, but solely at our discretion. Any such refund will be in Australian dollars.

Termination and Suspension: Without limiting other remedies available to us at law, in equity or under these Terms of Use, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  • We deem (in our absolute discretion) that you have breached these Terms of Use in any respect;
  • We are unable to verify or authenticate any information you provide to us, or
  • We believe that your actions may cause legal liability for you, other Users or us.

4 Members Code of Conduct

As a member of Premium Home Swap I will:

  • I will accurately describe my home and exchange opportunity or rental in all correspondence. This includes an accurate description of the type, number and size of rooms. Any interior or exterior photos posted must be of the property offered for exchange or rental, unless specifically indicated otherwise. Omissions of relevant descriptions may be considered the same as an inaccurate description and subject the Member to removal from the site.
  • I will only post information for one property on each Listing
  • I will not use the site or my Listing to offer other properties once contact is made with other Members
  • I will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through this service, other than the posting of your home for exchange. Postings shall not contain any type of advertising or solicitation other than an offer to exchange in accordance with the terms of this site. No inquiries or responses between members shall contain any type of advertising or solicitation other than discussions relating to the exchange of a member’s home in accordance herewith.
  • I will leave my house in a clean and sanitary condition for my exchange partner
  • I will treat other Members and their property with courtesy and respect. I will treat my exchange partner's home and belongings as I would treat my own, and expect them to do the same. I will leave their home in as good or better condition than I found it.
  • I will notify my exchange partner of any damage and offer to replace, repair or pay for same.
  • I will honour all obligations I make relative to the exchange. Cancelling or otherwise changing the dates of the exchange will only is under the most compelling circumstances. Understanding that my exchange partner has made plans and reservations based on my commitment to the exchange, if I am forced to cancel or change the exchange, I will make every effort to otherwise accommodate or find accommodations for my exchange partner.
  • I understand that the company offers opportunities and experiences not available in an ordinary tourist exchange, and I am aware of the small obstacles that may be presented when dealing with personal, cultural and language differences.
  • I will not provide false or misleading information to the company or its members.
  • I will not use this Web site to violate any applicable law.
  • I will not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
  • I will not post or send any content or engage in any conduct that subjects the company to any threat of civil or criminal penalties.
  • I am responsible for conducting my own investigation regarding any and all claims made by prospective exchangers.
  • I assume all liability for use of any information I find in the Premium Home Swap web site.
  • I understand that the operators of the company assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.
  • I have the authority to enter into this agreement, to post my Listing and to offer it for exchange.
  • I am responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums and other common interest developments and safety compliance.

5 Membership 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 authorized by you. You agree to immediately notify the company of any unauthorized use of your registration or password. Your membership may not be transferred or assigned.

6 Disputes

Disputes arising out of or relating to the exchange of properties shall be resolved between the exchange partners.  The company may here the argument between partners and offer suggestions but have not obligation to become involved.  Unresolved disputes may result in the termination of membership.

7 Insurance

It is the responsibility of the member to verify they an appropriate insurance coverage for themselves and their exchange partner.  This insurance may include Automobile, Home and Contents and Liability.

8 Site Access and Use

The following rules apply to all Site Users.

Manipulation: You must not manipulate or interfere with Member's listings.

Access and Interference: You must not use any automatic device, or manual process to monitor or copy the whole or any part of the site without our prior express written permission. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You must not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site owned by a Third Party without the prior express written permission or the Third Party.

Legal Compliance: You must comply with all applicable domestic laws (including common law), international laws, statutes, ordinances and regulations regarding your use of our service and your listing and any Home Exchange on the Site. You alone, and not us, are responsible for ensuring that your activities are lawful.

Disruption of Website Functionality: You must not attempt to disrupt the functionality of the Site.

Unlawful Access to Website: You must not attempt to gain unlawful access to the data stored on the Site in any way.

Spam: You must not send or facilitate the sending of spam to any of our Members or Guests or send spam via or in association with the Site. "Spam" is email that has been sent without the permission of the person who receives it, that relates to the buying, selling or trading of goods or services (other than a Home Exchange). If you receive any spam or see any spam on the public forums on the Site, please notify our Premium Home Swap

Your use of the website is at your own risk.  The company reserves the right to restrict or terminate your access to the site at any time without notice.

9 Disclaimer and limit of liability

Use of Premium Home Swap web site and any information obtained from that site is at your sole risk. The company makes no warranty of any kind, express or implied, as to the listings on the site or any other information contained on the site, including, but not limited to, accuracy and non-infringement. You agree that the company shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the Premium Home Swap web site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any member or other person, and any damages to your property. The company shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against the company by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall the company be liable for any amount in excess of the membership fees paid by the member.

You agree that it is your responsibility to keep a backup copy of any text, images, or other submitted materials on your own computer system or backup device.

10 Indemnification

You agree to indemnify and hold harmless the company, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of the company home listing service, including but not limited to (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party; (iii) a violation of the Terms and Conditions of Use by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any property right of any third party; (v) any misrepresentation by you; or (vii) any breach of any agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. The company cannot and will not act as a mediator or arbitrator in any dispute arising from the use of the company web site.

11 Site Content

Copyright in the Site (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. The Company may use selected items of Site content for marketing purposes. Members who do not want information relating to their listing used for marketing purposes outside of the site should contact Premium Home Swap, stating their request. You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the Site except as permitted by statute or with the Company’s prior written consent.

12 Trade Marks

All trademarks and logos on the Site ("Trade Marks") are owned or licensed by the Company. You may not use, reproduce or alter the Trade Marks in any manner whatsoever except with the prior written consent of the Company.-There is no provision on the Site or elsewhere will be construed as granting to You or any other person, any right, title or interest in the Trade Marks.

13 General

Premium Home Swap may revise and update these terms and conditions from time to time.  Your ongoing usage of the site after changes have been made means that you accept these changes.