Terms of Service — Multi-Culty Trust Agreement

Last updated: January 28, 2019

Welcome to Multi-Culty Home Exchange Club!

By using Multi-Culty website as a Member (as defined herein), you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms or our Privacy Policy, do not use the Website or any of the services provided by Multi-Culty.

Use of the site

There are three ways of using the Site.

1) As a non-registered visitor: 2) As a Trial member: 3) As a fully paid-up member.

As a non-registered visitor, you will be able to view a limited amount of information concerning the exchange homes. Trial members will have full access to members’ listings but will not be able to make contact with other members for a limited period.

Fully paid up membership entitles members to full access to all other members’ home listings, profile information and will be able to contact other members via the Multi-Culty internal messaging system.

Personal email addresses and phone numbers are not accessible.

General Principles

1. You are only eligible to use the Website if you are at least 18 (eighteen) years of age.

2. You agree that we can edit or take down from the Service without notice any Content you submit to us via the Website if we believe that it is in breach of these Terms of Service (and will use our reasonable endeavors to promptly inform you of this). You also acknowledge that certain types of Content formats (for example, video files) may not be uploaded to the Service. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.

3. All rights for all material and content on this Website, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by UK, EU, US and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes), and are owned and controlled by Multi-Culty.

4. All content within this Site, including information in each home listing, is available to the users of this Site for the express purpose of arranging direct home exchanges between members. You are solely responsible for your interactions with other members. This Site is a service of a private membership organization, and information contained herein is private and not in the public domain. All this information is secured according to GDPR. Members may not use any content from this Site for any solicitations, or for any commercial use. Data mining of information from this Site, and collecting or storing personal information about members, is prohibited.

How to become a member

To become a Multi-Culty member it is necessary to register and to pay the appropriate subscription fee. New members exclusively may try Free Trial Membership with no fee required for a limited amount of time.  (Introductory Period)

Payment and Fees

1. If you are a Member, you confirm that you own the credit or debit card. With this you confirm that all the payment details are correct and you are a legitimate holder of it eligible to make transactions.  If the issuer of your card refuses to authorize payment, we will not be responsible for any non-provision of any aspect of the Service. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.

2. If you choose to become a Member, your membership will begin on the date we send you an email confirming your membership and, unless otherwise agreed, will continue for an initial free trial period of 14 days or as otherwise specified (Introductory Period), during which period you may change your mind and cancel your membership at any time by notifying us in writing or by emailing us at info@multi-culty.com, provided that we receive such notice or email by no later than the end of the Introductory Period. Please note that an amount of 0.01, £0.01 or $0.01 may be debited from your credit or debit card in order to enable the Introductory Period.

3. After the Introductory Period, unless you have notified us in the written form, your membership will proceed for a further period of 12 months or as otherwise specified (Subscription Period) and we will debit your credit or debit card for the relevant membership with a fee.

4. Your membership will automatically renew for a further period of 12 months or as otherwise specified (Renewal Period) with the relevant membership renewal fee charged by the end of the Subscription Period or any subsequent Renewal Period unless you notify us in writing or by email sent to info@multi-culty.com at any time prior to the end of the Subscription Period or relevant Renewal Period that you do not wish your membership to renew. Such notice or email must be received by us by no later than the end of the Subscription Period or relevant Renewal Period.

5. We reserve the right to raise membership fees at any time and will notify you of this by email to the address you have provided in advance of any changes taking effect.
 

Rights of the members

1. During their Multi-Culty paid membership period. Members can exchange homes as many times, with as many partners, and for as long as they wish.

2. Members have a personal listing page to showcase their home, using photos, text and video.

3. Members can list additional homes at no extra cost. 

4. Members will receive e-mail notifications from Multi-Culty at their personal email address- Exchange Agreement Form, Membership renewal Reminders and Newsletters.

 

5. If members move or sell their property, they may transfer their subscription to their new home at no extra cost. However, they must inform Multi-Culty of the change in order that the change to the home can be registered in our database.

Availability and termination

1. Members are entitled to make their listing “Visible for public” or “Not visible for public” at any time and at no charge by logging in and choosing that option in their dashboard.

2. Should a member choose to terminate their membership, they may do so by sending e-mail with the request to stop membership.

3. Refunds will not be given when members terminate their membership.

Member Code of Conduct

1. You must be fair and honest in your dealings with Multi-Culty and other Members. In particular:

1) You must ensure that the home offered for exchange is fully and accurately described and illustrated on your listing;

2) You must ensure any Negotiation with other Members is conducted in good faith with the intent of completing a Home Exchange as a Paid member

3) You must be open, truthful, fair and reasonable in all such Negotiations;

4) You must be courteous and polite in all dealings with other Members and must be responsive to all reasonable requests.

5) You will not post or send to Members any content, such as text or photos, that might be unlawful, offensive, discriminatory, fraudulent or that breaches someone else's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

6) You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Website.

7) You may not access or collect data from our Website using automated means or attempt to access data that you do not have permission to access.

8) You must keep confidential at all times all information obtained on the Website and all other information obtained from Members.

9) You may not act in a manner that brings Multi-Culty into disrepute or any other dispute with anyone.

10) Multi-Culty reserves the right to cancel any membership for any reason, including, but not limited to, violations of these Terms of Service or Privacy Policy. This cancellation will be done at our discretion, without refund. The reason for such cancellation may not be disputed at the court or any other organization.

Listing

1. When creating a Listing, you agree to accurately describe your Home, including, the type, number and size of rooms, and photos or videos of the property. Any photos included in a Listing must be of the relevant.

2. You shall only post Listings on your own behalf. You shall not post a Listing on behalf of another person.

3. You are responsible for ensuring that your Account contains relevant and current and accurate contact information including your name, email address and telephone number.

4. Postings shall not contain any type of advertising or solicitation other than an offer to exchange in accordance with these Terms of Service.

Property

1.You must ensure that

1) the Property is available for exchange

2) the Property is clean

3) the Property presents no risk to its occupants

4) the Property contains all the facilities described in its Listing in perfect working condition.

2. Your Property should be fully insured for fire, theft, burglary and accidental damage. If this is not the case, you need to inform your Exchange Partner in writing before the exchange agreement is signed.

3. If a motor vehicle is offered for exchange

1) You must ensure that the vehicle offered for exchange is in good working order and legally compliant

2) You must ensure that the vehicle is comprehensively insured, except if otherwise agreed with the Exchange Partner

3) It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their Exchange Partner, including auto, property, and liability.

Respect for Property

1. Members must ensure that they respect each others' Property at all times and in particular;

2. You must ensure that you will keep your Exchange Partners’ Property reasonably secure at all times and comply with the terms of any applicable insurance policies and with requests communicated to them by the owner;

3. You accept responsibility for any uninsured damage caused by you to the exchange Property, even if negligently.

Pets

1. You must ensure that any Pets are, to the best of your knowledge, free of vermin, worms and fleas, vaccinated and otherwise free of health risks and clean.

2. You must also ensure that areas of the Property to which pets have access are cleaned.

3. You must apply high standards of care to Pets.

Responsibility for negotiations

1. You are solely responsible for all negotiations for Home Exchange with other Members.

2. Any disagreements arising from the use of the Website must be settled between the Members who directly participated in the Exchange.

3. Multi-Culty will offer to mediate disagreements between members without assuming any responsibility for subsequent resolution or failure to resolve.

4. Multi-Culty may terminate or suspend, temporarily or permanently, the memberships of any members involved in an unresolved disagreement. No refunds will be provided in the event of such suspension or termination.

5. The Service allows Members to communicate with and send messages to other Members

 

Exchange Guarantee

If a Member doesn’t arrange an Exchange in their first year of paid Membership, the second year of Membership is granted free of charge. To qualify for a Guarantee Year, you must apply to Multi-Culty and you must

1) Have been a paying Member for one year

2) You must have posted your Listing, fully completed with photos and descriptive texts, and it must be visible on the Website for at least ten (10) months of the year.

3) You must have sent at least twenty (20) exchange requests to other members.

4) You must notify Multi-Culty of your intent to claim your free extension in 14 days before the end of your membership.

Exchange Cancellation

1. To cancel a signed Exchange Agreement you MUST present a valid and serious reason such as death, illness or other unforeseen circumstances beyond the Member's control.

2. You must inform your Exchange partner before cancellation of an Exchange Agreement including the reasons for the cancellation. This must be done as soon as the need to cancel the Exchange Agreement arises.

Liability limitations

1. Multi-Culty is only responsible for publishing home listings of its members on the Site.

2. Multi-Culty Home Exchanges are based on mutual trust. Multi-Culty does not verify the existence or content of any Property and 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 the use of this service.

3. Multi-Culty cannot be held responsible for any events that occur as a result of any Exchange.

4. To the fullest extent permitted by law we, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of our Website .

Definitions and terms

“Active membership” means the status of a Trial Member, Paid Member or Expired Member that has logged in to the site in the past year or that has not to reach its expiry date.

“Exchange” means the act of making your home or other accommodation (as described in your “Listing”) available to your “Exchange Partner”. In return, your “Exchange Partner” will make his home or other accommodation available to you. This may happen at the same time or not (Simultaneous, Non-simultaneous).

“Exchange Agreement” means the agreement between you and your “Exchange Partner” established using the “Website”

“Exchange Partner” means a “Member” with whom you “Exchange”.

“Host Member” means a “Member” offering the use of his or her property to another “Member” pursuant to an “Exchange” agreed to in accordance with these terms.

“Hosted Member” means a “Member” using the property belonging to a “Host Member” pursuant to an Exchange agreed to in accordance with terms.

“Guest” means a person that uses the Website but that is not a Member.

“Listing” means the presentation of a “Property” in the “Website”. Each “Listing” has a unique identification number on the Website.

“Expired member” is a person who had a membership with Multi-Culty but the expiry date for this membership has been reached.

“Member” is a Paid member or a Trial member.

"Negotiation" means any negotiation conducted orally or in writing, including, but not limited to, using Website messages and e-mail.

“Paid member” is a person who has a paid membership with Multi-Culty that has not reached its expiry date.

"Pet" means a dog, cat or other pet and includes any animal or bird that might occupy a Member's property, garden or surroundings.

“Property” means any property published on the Website by a Member. Properties may include, without limitation, homes, townhomes, flats, condominiums, apartments, boats, recreational vehicles (RV), and any type of property which can reasonably be expected to provide a nightly accommodation and which you have the legal and contractual right to offer.

 “Trial member” is a person who has a free membership with Multi-Culty that has not reached its expiry date.

“Website” means the internet website available at www.multi-culty.com and all connected home exchange services managed by Multi-Culty.

“We”, “us”, “our,” and the “Club” means I Multi-Culty; and

“You”, “your”, “ yourself” means any Member or Guest who uses any of the Website and/or accesses the services of the Club.

References to the plural include references to the singular and vice versa.

References to any gender include references to all other genders.

Headings are for convenience only and do not affect the interpretation of any Rule.