terms & conditions of use
THE LEGAL BIT
By completing the Registration Form to register details with The Exchange List you have agreed to the following terms and are therefore bound by them:
Glossary
A "Registrant" is anyone who has registers with The Exchange List to advertise property.
The "Services" provided by The Exchange List consist of the provision of this website (www.theexchangelist.com)
(Ai) as a platform for Vendors or Agents to advertise properties and include the Vendor’s purchasing requirements;
(Aii) provide facility for an introduction to take place via email between the Registrant and interested parties without need for the Vendors private information to be publicly displayed unless they choose to enter these details into the advert texting – for which we hold no accountablity;
(Bi) as a platform for advertising Services of a commercial nature.
The "Vendor" is the legal owner of the property that is being advertised.
The "Agent" is any third party acting on behalf of a Vendor to initiate a sale/swap/part exchange.
Legalities
By law every property in England advertised for sale/swap/exchange requires a Home Information Pack ("HIP") and it is the Vendor's responsibility to ensure that a HIP package is in place. By advertising a property on The Exchange List it shall be assumed that the Vendor is in full recognition of the law and is in possession of a current HIP package for the relevant property and can make a copy thereof available to any interested party. If you require information regarding HIPs, please refer to the Government's HIP information website.
In accordance with the Property Misdescriptions Act any estate Agent advertising property with The Exchange List is liable for their inaccuracies/mistakes and The Exchange List shares none of this liability, The Exchange List is merely a platform on which pre-written adverts are placed. The Exchange List does expect Vendors to advertise their properties honestly and if we are made aware of falsified information we retain the right not to display the advertisement.
In accordance with the Data Protection Act any Agent posting information detailing their Vendors buying requirements must have the Vendor's prior consent, and by agreeing to these terms & conditions the Agent is in full recognition of the law.
General Terms of Use
1. You acknowledge that the extent of the Service is to introduce parties in respect of property swap/part exchange/chain or loop building and facilitate communication in respect thereof and that The Exchange List provide no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful exchange.
2. The contact facility provided by The Exchange List between the Vendor/Agent and potentially interested parties may only be used for this sole purpose. The facility to contact Vendors/Agents may not be used for commercial gain including canvassing for new instructions by estate Agents. If the Exchange List is made aware that the contact facility is being used for anything other than the introduction of interested parties we retain the right to limit future contacts made by the offending company.
3. You acknowledge that The Exchange List publishes information provided to it by third parties and therefore makes no guarantees of warranties make any representations or warranties about the accuracy, completeness or suitability of the information and related images published by the Service. Moreover The Exchange List cannot verify the existence, suitability or condition of any of the properties detailed on the website nor can it accept any liability for any damage, accident or injury which might occur due to your direct or indirect use of the Services.
4. Neither The Exchange List nor any of its officers, servants and Agents contributing to the Service shall be liable for any loss or damage arising out of or in connection with the use of this Service. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of turnover, loss of sales, loss of revenue, special loss, income or profit loss, loss of or damage to property and any claims of third parties and which in any event shall be limited to "sums paid" by the relevant party.
5. Advertising
6. While The Exchange List endeavours to ensure that this Service is promptly maintained we are unable to guarantee access to this Service, for reasons either inside or outside of our control it may be suspended temporarily and without notice. The Exchange List shall not be liable for any damages, direct, indirect or consequential arising in contract or tort or otherwise from the inability to use the Service.
7. Notwithstanding the foregoing, none of the exclusions and limitations in the Terms and Conditions are intended to limit any rights you may have as a consumer under UK law, nor in any way to exclude or limit The Exchange Lists liability to you for death or personal injury resulting from The Exchange List’s negligence or that of its employees or agents.
8. Any links to other sites are provided for reference. The Exchange List is not responsible for the content of these sites nor does the presence of a link constitute an endorsement of or statement about the site linked to.
9. While any material supplied to us for your projects will remain your copyright, The Exchange List takes your submission of such material as permission to reproduce it on this website or for other Exchange List propmotional purposes. The website design and code for theexchangelist.com remains copyright of The Exchange List, and abuses of this may be pursued legally.
10. Any third party contributing any content to the Service whether by means of text, names and/or images shall at all times be liable for and shall indemnify and hold harmless The Exchange List (together with its officers, servants and Agents) against any and all liability, loss, damages, cost, legal costs, professional and other expenses of any nature whatsoever, incurred or suffered by any party arising out of the use of the Service whether directly, or indirectly.
11. The Exchange List reserves the right to withdraw some or all rights from any user as it shall in its sole discretion deem fit.
12. The Exchange List may assign its rights to this agreement without your consent.
13. The Exchange List Services are only available to persons who are capable of forming a legally binding contract and in accepting these Terms and Conditions you are declaring that you are capable of forming a legally binding contract.
14. For the avoidance of doubt, nothing in these Terms & Conditionss shall confer on any third party any benefit or the right to enforce any of the Terms & Conditions.
15. The Service may be terminated at any time by either you or The Exchange List. If you wish to cancel your listing with immediate effect, please contact The Exchange List by email or by using the response for on the Contact Us page of this website.
16. This Agreement is governed by the laws of England and Wales, and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
17. The Exchange List reserves the right to amend the Terms and Conditions, the Services and the website at any time as The Exchange List may in its sole discretion deem fit. You agree to be bound by the Terms and Conditions in force at the time you are utilizing the website and/or the Service unless such changes are deemed to have retrospective effect by virtue of applicable law.
18. Providing you agree unconditionally to the Terms and Conditions please apply for the Service by completing the online registration form. Upon entry of your registration details to the website a legally binding contract will have been formed between us. Please note The Exchange List reserves the right at its sole discretion not to process your application and in the event that your application is rejected The Exchange List will notify you.
19. No relaxation or delay or indulgence by us to enforce these terms and conditions, or the granting of time for remedy of any breach shall operate as a waiver of any subsequent or continuing breach.
20. The parameters for The Exchange List’s Services are detailed in these terms and conditions and remain as stated unless superseded by ourselves. In the event any of these Terms & Conditions are declared invalid or unenforceable by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, the remaining conditions or parts thereof within the Terms and Conditions will not in any way be affected or impaired.