Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Home Swap Home (“HSH”) Platform, you agree to comply with and be bound by these Terms.

Please note: Section 18 of these Terms contains an arbitration clause and class action waiver that applies to all HSH Members. It affects how disputes with HSH are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using HSH!

These Terms constitute a legally binding agreement ("Agreement") between you and HSH (as defined below) governing your access to and use of the HSH website, including any subdomains thereof, and any other websites through which HSH 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, "HSH Services").

The Site, Application, and HSH Services together are hereinafter collectively referred to as the “HSH Platform”.

When these Terms mention “HSH,” “HSH Platform,” “we,” “us,” or “our,” it refers to the HSH company you are contracting with. When these Terms mention “Swappers”, “You,” “Users,” or “Members,” it refers to you as a user who is contracting with the HSH company.

Our collection and use of personal information in connection with your access to and use of the HSH Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the HSH Platform are provided to you by an independent third party in accordance with the third party’s payment terms of services. HSH is not liable for any problems with the payment services including but not limited to any misconduct, negligence, or damages arising from the payment services provided by any third party.

Users are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to the products and services you provide on the HSH platform, including but not limited to driver’s licenses, licenses and permits to provide storage services, and any license to provide any other services on the platform.

1. Definitions

Providers refer to those who list a product or service on the HSH Platform.

Buyers refer to those who buy a product or service from a provider.

Services refer to any service provided by providers on the HSH Platform.

Swappers refer to those who swap items on the HSH Platform.

Providers, Buyers, and Swappers can be referred to as You or Users or Members on the platform.

2. Scope of HSH Services

2.1. The HSH Platform is an online marketplace that enables Providers to list products or services and to communicate and transact directly with Buyers as well as transactions between Swappers.

2.2. As the provider of the HSH Platform, HSH does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any products or services, nor is HSH an organizer or retailer of the Providers.

Providers alone are responsible for their products or services. When a Member accepts an offer from another Member, the parties are entering into a contract directly with each other. HSH is not and does not become a party to or a participant in any contractual relationship between Members. HSH is not acting as an agent in any capacity for any Member.

2.3. While we may help facilitate the resolution of disputes, HSH has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any products or services, (ii) the truth or accuracy of any Member’s descriptions, ratings, reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.

HSH does not endorse any Member, Products, or Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by HSH about any Member, including the Member's identity, qualifications, degrees, background, or whether the Member is trustworthy or suitable. You should always exercise due diligence and care when deciding whether to enter into an agreement with another Member on the HSH Platform.

2.4. The Swappers and Providers acknowledge and agree that the relationship between the Swappers/Providers with HSH is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of HSH for any reason, and Swappers/Providers act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of HSH. HSH does not, and shall not be deemed to, direct or control Swappers/Providers generally or in Swappers/Providers’ performance under these Terms specifically, including in connection with Swappers/Providers’ provision of the products or services. The Swappers/Providers acknowledge and agree that they have complete discretion whether to list products or services or otherwise engage in other business or employment activities.

2.5. The HSH 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. HSH 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 HSH of such Third-Party Services.

2.6. Due to the nature of the Internet, HSH cannot guarantee the continuous and uninterrupted availability and accessibility of the HSH Platform. HSH may restrict the availability of the HSH 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 HSH Platform. HSH may improve, enhance and modify the HSH Platform and introduce new features from time to time.

3. Eligibility, Using the HSH Platform, Member Verification

3.1. In order to access and use the HSH Platform or register an HSH Account, you must be an individual at least 18 years old.

3.2. You will comply with any applicable export control laws in your local jurisdiction.

3.3. HSH may make access to and use of the HSH Platform, or certain areas or features of the HSH 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 transaction history.

3.4. User verification on the Internet is difficult, and we do not assume any responsibility for the confirmation of any Member’s identity.

3.5. The access to or use of certain areas and features of the HSH 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 HSH Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the HSH 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.

4. Modification of these Terms

HSH 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 HSH 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 HSH Platform will constitute acceptance of the revised Terms.

5. Account Registration

5.1. You must register an account ("HSH Account") to access and use certain features of the HSH Platform.

5.2. You must provide accurate, current and complete information during the registration process and keep your HSH Account and public HSH Account profile page information up-to-date at all times.

5.3. You may not register more than one (1) HSH Account unless HSH authorizes you to do so. You may not assign or otherwise transfer your HSH Account to another party.

5.4. You are responsible for maintaining the confidentiality and security of your HSH Account credentials and may not disclose your credentials to any third party. You must immediately notify HSH 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 HSH Account. You are liable for any and all activities conducted through your HSH Account.

6. Content

6.1. HSH may, at its sole discretion, enable Members to

• create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the HSH Platform; and{" "}
• access and view other members’ content and any content that HSH itself makes available on or through the HSH Platform.

6.2. The content on the HSH Platform may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the HSH Platform and its content, including all associated intellectual property rights, are the exclusive property of HSH. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HSH Platform and its content. All trademarks, service marks, logos, trade names, and any other source identifiers of HSH used on or in connection with the HSH Platform and HSH Content are trademarks or registered trademarks of HSH in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the HSH Platform, and/or HSH Content are used for identification purposes only and may be the property of their respective owners.

6.3. 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 HSH Platform or HSH Content, except to the extent you are the legal owner of certain 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 HSH or its licensors, except for the licenses and rights expressly granted in these Terms.

6.4. Subject to your compliance with these Terms, HSH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any HSH Content made available on or through the HSH Platform and accessible to you, solely for your personal and non-commercial use.

6.5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any content on or through the HSH Platform, you grant to HSH a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote the HSH Platform, in any media or platform. Insofar as content provided by you (including Verified Images) includes personal information, such content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, HSH does not claim any ownership rights in any content provided by you and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your content.

6.6. You are solely responsible for all content that you make available on or through the HSH Platform. Accordingly, you represent and warrant that:

• you either are the sole and exclusive owner of all content that you make available on or through the HSH Platform or you have all rights, licenses, consents and releases that are necessary to grant to HSH the rights in and to such content, as contemplated under these Terms; and{" "}
• neither the content nor your posting, uploading, publication, submission or transmittal of the content or HSH's use of the 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.

6.7. You will not post, upload, publish, submit or transmit any content that:

• is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
• is defamatory, libellous, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;{" "}
• is violent or threatening or promotes violence or actions that are threatening to any other person or animal;{" "}
• promotes illegal or harmful activities or substances; or
• violates any HSH policy. HSH may, without prior notice, remove or disable access to any content that HSH finds to be in violation of applicable law, these Terms or HSH’s policies and standards, or otherwise may be harmful or objectionable to HSH, its Members, or third parties.

6.8. HSH respects copyright law and expects its Members to do the same. If you believe that any content on the HSH Platform infringes copyrights you own, please notify us via  support@homeswaphome.ca 

7. Fees for Using the Platform

7.1. HSH may charge fees to Swappers (“Swapper Fees”), Providers ("Provider Fees") and/or Buyers ("Buyer Fees") (collectively, "Platform Fees") in consideration for the use of the HSH Platform. More information about when Platform Fees apply and how they are calculated can be found on our Platform Fees page.

7.2. HSH reserves the right to change the Platform Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any transaction made prior to the effective date of the fee change.

7.3. You are responsible for paying any Platform Fees that you owe to HSH. The applicable Platform Fees (including any applicable Taxes) are collected by HSH Payments via a third party who provides payment services (“Payment Provider”). The Payment Provider will deduct any Platform Fees from the transaction before remitting the payout to the Provider. Except as otherwise provided on the HSH Platform, Platform Fees are non-refundable, even in case the Provider refunds or waives the fees for the Buyer.

8. Terms Specific for Providers and Swappers

8.1. When creating a Service Listing through the HSH Platform you must

• provide complete and accurate information about your Products or Services (such as listing description, approximate location, your qualification, experience and your calendar availability),{" "}
• disclose any deficiencies, restrictions and requirements that apply, and{" "}
• provide any other pertinent information requested by HSH. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

8.2. You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once an offer is accepted, no party can change the price without the other party’s express consent.

8.3. You are responsible for keeping the Buyer’s information at the highest level of confidentiality and using the information solely for the work committed to the Buyer. You are liable for any breach of confidentiality of the paper. You are also prohibited from using the Buyer’s information for any other purpose than the work committed to the Buyer.

9. Terms specific for Buyers and Swapper

9.1. A Buyer/Swapper can initiate a transaction by clicking on a listing of a Provider/ Counter-Swapper and sending the Provider/ Counter-Swapper an offer. If the Provider/ Counter-Swapper accepts the offer, the contract between the two Users is established and binding to the two parties. If any party or both parties cancel the transaction, the party or parties must pay the cancellation fee and the transaction fee subject to Section 10 of these Terms.

9.2. Buyers/Swappers acknowledge and agree that the Providers/Counter-Swappers are solely responsible for keeping the Buyer/Swappers’ information confidential and use the information solely for the work committed to the Buyer/Swappers and that the Providers/Counter-Swappers are solely liable for any breach of confidentiality of the Buyers/Swappers.

9.3. Buyers/Swappers acknowledge and agree that HSH is not liable for any breach of confidentiality of the Buyers/Swappers and HSH is not and will not be a party to the dispute between a Buyer/Swappers and a Providers Counter-Swappers concerning any breach of confidentiality of the Buyers/Swappers.

10. Transaction Modifications, Cancellations, Refunds, and Settling Dispute between Users

10.1. Buyers, Swappers, and Providers are responsible for any modifications to a transaction that they make via the HSH Platform and agree to pay any additional service fees and/or Taxes associated with such transaction modifications.

10.2. An offeror can cancel his/her own offer at any time before the offer is accepted by the offeree.

10.3. When an offer is accepted before its expiry date, a transaction is established and its terms are binding to the two parties. A party who cancels a binding transaction must pay the Platform Fees to the HSH Platform and a Cancellation Fee of 10% of the service cost of the transaction to the other party. The other party has the right to waive the Cancellation Fee but not the Platform Fees.

10.4. A Buyer/Swapper does not have the right to cancel the transaction mentioned in Section 10.3 if the Provider/Counter-Swapper has provided the service and marked the completion of the transaction.

10.5. A Provider/Counter-Swapper canceling a transaction must fully refund the Buyer/Swapper the service cost and Taxes associated with such transaction and a Cancellation Fee of 10% of the service cost of the transaction. The Provider/Counter-Swapper must also pay the HSH Platform the Platform Fees based on the service cost of the transaction.

10.6. The Buyers, Providers, and Swappers agree that the HSH Platform does not involve in the cancellation of any transaction. Nor does the HSH Platform arrange the refund between the two parties.

10.7. The Buyers, Providers, and Swappers authorize the HSH Platform to contact the Payment Providers to charge Platform Fees from the account of the party who cancels the transaction.

10.8. The parties should solve any dispute arising from a transaction by negotiation. The HSH Platform, at its discretion and when possible, may provide a mediation mechanism for the parties to solve the dispute. Users agree that the HSH Platform is not a party to any dispute arising from a transaction between the parties and that the HSH Platform does not have any obligation to settle the disputes. The HSH Platform, at its discretion and when possible, may assign an administrator or a group of administrators to help the parties settle a dispute but the administrator or the group of administrators do not make any binding decisions. If the parties cannot settle their dispute by way of negotiation and mediation, they can refer to any applicable arbitration or litigation of their choice. Users agree that the HSH Platform is not a party and is not obliged to participate in any disputes arising from a transaction between Users in any arbitration and/or legal proceeding.{" "}

11. Ratings and Reviews

11.1. Within a certain timeframe after completing a transaction, Members 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 HSH. Ratings and Reviews are not verified by HSH for accuracy and may be incorrect or misleading.

11.2. Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 6 of these Terms.

11.3. 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.

11.4. Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the HSH Platform together with other relevant information such as the number of transactions, number of cancellations, average response time, and other information.

12. Taxes

12.1. Providers are solely responsible for determining their obligations to report, collect, remit or include in the Listing Fees any applicable GST/HST (or VAT) and/or other indirect sales taxes and/or income taxes ("Taxes").

12.2. The third-party payment Provider will transfer to the HSH Platform the portion of Platform Fees arising from a transaction from the transaction fee that the Buyer paid the Provider. The HSH Platform does not have any obligation to pay any taxes owed by the Buyer and/or the Provider.

12.3. Users agree that the HSH Platform may have to comply with the legal requests of appropriate governmental agencies, departments and/or authorities (“Tax Authority”) to provide information related to certain transactions on the Platform for the purpose of collecting Taxes.

12.4. Users agree that the HSH Platform is not a party and is not obliged to participate in any disputes between a User or Users and a Tax Authority.

13. Prohibited Activities

13.1. Users are solely responsible for compliance with any laws, rules, regulations, and Tax obligations that may apply to their use of the HSH Platform. In connection with the use of the HSH Platform, Users will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms and policies;
• use the HSH Platform or Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies HSH endorsement, partnership or otherwise misleads others as to the User’s affiliation with HSH;
• copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the HSH Platform in any way that is inconsistent with HSH’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the HSH Platform in connection with the distribution of unsolicited commercial messages ("spam");
• contact another Member for any purpose, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval, except for asking a question related to the transaction of which the Member is a party or the Member's use of the HSH Platform;
• use the HSH Platform to request, make or accept a transaction independent of the HSH Platform, to circumvent any Platform Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the HSH Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold HSH harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• use, display, mirror or frame the HSH Platform or Content, or any individual element within the HSH Platform, HSH's name, any HSH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the HSH Platform, without HSH's express written consent;
• dilute, tarnish or otherwise harm the HSH brand in any way, including through unauthorized use of Content, registering and/or using HSH or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to HSH domains, trademarks, taglines, promotional campaigns or Content
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the HSH Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by HSH or any of HSH's providers or any other third party to protect the HSH Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the HSH Platform
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the HSH Platform;
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2. Users acknowledge that HSH has no obligation to monitor the access to or use of the HSH Platform by any Users or to review, disable access to, or edit any User’s content, but has the right to do so to

• operate, secure and improve the HSH Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);{" "}
• ensure Members’ compliance with these Terms;
• comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;{" "}
• respond to User’s content that it determines is harmful or objectionable; or
• as otherwise set forth in these Terms. Users agree to cooperate with and assist HSH in good faith and to provide HSH with such information and take such actions as may be reasonably requested by HSH with respect to any investigation undertaken by HSH or a representative of HSH regarding the use or abuse of the HSH Platform.

13.3. If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who{" "}

• engages in offensive, violent or sexually inappropriate behavior,{" "}
• you suspect of stealing from you, or
• engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities. You agree that any report you make will not obligate us to take any action beyond that required by law, if any.

14. Term and Termination, Suspension and other Measures

14.1. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or HSH terminate the Agreement in accordance with this provision.

14.2. You may terminate this Agreement at any time by sending us an email. If you cancel your HSH Account as a Provider, you are obliged to provide products or fulfill all outstanding services paid by Buyers. If you opt to cancel the outstanding transactions, you will fully refund the Buyers, pay the Buyers Cancellation Fees, and incur Platform Fees paid to the HSH Platform set forth in Section 10 of these Terms. If you cancel your HSH Account as a Buyer, you will receive the product or services done by the Provider for the outstanding products or services you have paid via the address you provided. HSH will not be involved in or liable for the performance of this obligation by the Provider.

14.3. Without limiting our rights specified below, HSH may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

14.4. HSH may immediately, without notice, terminate this Agreement and/or stop providing access to the HSH Platform if

• you have materially breached your obligations under these Terms or our policies,{" "}
• you have violated applicable laws, regulations or third-party rights, or{" "}
• HSH believes in good faith that such action is reasonably necessary to protect the personal safety or property of HSH, its Members, or third parties (for example in the case of fraudulent behavior of a Member). 

14.5. In addition, HSH 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, our policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the HSH Account registration, Listing process or thereafter, (iv) you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or HSH otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled transactions, or (vii) HSH believes in good faith that such action is reasonably necessary to protect the personal safety or property of HSH, its Members, or third parties, or to prevent fraud or other illegal activity:

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member’s content;
• limit your access to or use of the HSH Platform;
• temporarily or permanently revoke any special status associated with your HSH Account;
• temporarily or in case of severe or repeated offences permanently suspend your HSH Account and stop providing access to the HSH Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by HSH and an opportunity to resolve the issue to HSH's reasonable satisfaction.

14.6. When this Agreement has been terminated, you are not entitled to a restoration of your HSH Account or any of your Member Content. If your access to or use of the HSH Platform has been limited or your HSH Account has been suspended or this Agreement has been terminated by us, you may not register a new HSH Account or access and use the HSH Platform through a HSH Account of another Member.

15. Disclaimers

If you choose to use the HSH Platform or Content, you do so voluntarily and at your sole risk. The HSH Platform and Content are provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the HSH Services, laws, rules, or regulations that may apply to the Listings you are receiving and that you are not relying upon any statement of law or fact made by HSH relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

16. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the HSH Platform and Content, your transactions via the HSH Platform, or any other interaction you have with other Members whether in-person or online remains with you. Neither HSH nor any other party involved in creating, producing, or delivering the HSH Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with{" "}

• these Terms,
• from the use of or inability to use the HSH Platform or Content,{" "}
• from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet as a result of your use of the HSH Platform, or
• {" "} from your transaction, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HSH has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at HSH’s option), indemnify, and hold HSH and its affiliates and subsidiaries and 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

• your breach of these Terms or our policies or Standards,
• your improper use of the HSH Platform or any HSH Services,
• your interaction with any Member 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{" "}
• your breach of any laws, regulations or third-party rights.

18. Dispute Resolution, Arbitration Agreement, and Governing Law

18.1. HSH is committed to participating in a consumer-friendly dispute resolution process. To that end, any dispute arising out of or in connection with this agreement between HSH and a User will first be solved by informal negotiation. 

You and HSH each agree that unless HSH and the successfully solve the disputes by way of negotiation and subject to Section 18.2, all disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the Vancouver International Arbitration Centre.

The appointing authority shall be the Vancouver International Arbitration Centre.

The case shall be administered by the Vancouver International Arbitration Centre in accordance with its Rules.

The place of arbitration shall be Vancouver, BC, Canada.

18.2. Exceptions to Arbitration Agreement. You and HSH each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

18.3. You and HSH each agree that these Terms are governed by applicable law of Canada and the Province of British Columbia.

18.4. Jury Trial Waiver. You and HSH acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

18.5. No Class Actions or Representative Proceedings. You and HSH 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 HSH 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.

18.6. Severability. Except as provided in Section 18.5, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

18.7. Changes. Notwithstanding the provisions of Section 4 (“Modification of these Terms”), if HSH changes this Section 18 (“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 HSH’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 HSH (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HSH.

18.8 Survival. Except as provided in Section 18.6, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the HSH Platform or terminate your HSH Account.

19. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the HSH Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” of the HSH Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

20. General Provisions

20.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between HSH and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between HSH and you in relation to the access to and use of the HSH Platform.

20.2. No joint venture, partnership, employment, or agency relationship exists between you and HSH as a result of this Agreement or your use of the HSH Platform.

20.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

20.4. 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.

20.5. HSH’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.

20.6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without HSH's prior written consent. HSH 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.

20.7. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by HSH via email, HSH Platform notification, or messaging service. 

22.8. If you have any questions about these Terms, please email us at support@homeswaphome.ca