Website version: 1.0 Beta
GTC version: August 2020
This release is a Beta version, which means that the website still may produce bugs in some processes. And some parts of the website are still under construction. If you find any bugs, other issues, or have any suggestions, please contact Propertyswap.net at email@example.com or send a chat message to Support in the chatbox on the right bottom of your screen.
These General Terms and Conditions (GTC) are subject to modifications and corrections. If you have any comments, please contact Propertyswap.net, by using the chat function or by e-mail: firstname.lastname@example.org. By signing up for a Membership from this website, you are bound by these GTC.
Article 1: Definitions, scope, and amendment of General Terms and Conditions (GTC)
- The General Terms and Conditions (GTC) apply to the use of the platform www.propertyswap.net (also called: “platform” or “our website" or “our platform”), and all web domains mentioned in the Article 1.9. This is a service provided and owned by Propertyswap BV (“Propertyswap”, “Propertyswap.net”, “we” or “our”).
- “Permanent property swap”, “Propertyswap" or “Swap” is the permanent exchange of the ownership of a property or real estate.
- A “Member” or “User" is either a “Swapper” or “Legal advisor”, either a paid-Member, non-paid Member or ’trial-Member”.
- A “Service provider” is a natural or a legal person, offering its services on our platform. The Service provider is independent of Propertyswap.
- “Swappers” or “Swapper” are natural or a legal person who has either posted a property on the platform or responded to an advertisement of a property. Swappers can be Members, non-Members, or trial-Members of the platform.
- A "Legal advisor” or “Advisor” is a professional legal counsel, such as a notary, lawyer, or law firm, who gives legal advice to Swappers, and who assist Swappers in realizing a property exchange. A Legal advisor can be the law firm or representative of a law firm. A legal advisor can be a trial (non-paid) Member or paid-Member of the platform. A Legal advisor is independent of Propertyswap.
- Synonyms for “property” are “real estate” and “non-movable property". A “property” can be one property or several properties. A property can be a residential property, for example, an apartment or villa. A property can also be a commercial property, for example, an office, office building, restaurant, or hotel. A property can also be another non-movable property, such as an island or building ground.
- Where is mentioned in the platform “Admin” or "Propertyswap team”, is referred to the employees of the company responsible for the platform.
- The company responsible for the website www.propertyswap.net is Propertyswap.net BV, a registered company at the Dutch chamber of commerce under the following number: 22.214.171.124.
- Web domains that refer to www.propertyswap.net are: globalania.com, propertyswap.cn, propertyswap.de, propertyswap.es, propertyswap.eu, propertyswap.nl, propertyswap.in, propertyswap.id, propertyswap.jp, prswap.com, prswap.net, pswap.net.
- The Propertyswap.net office is based on the following address: Entrepotdok 13, 1018 AD, Amsterdam, Netherlands.
- These General Terms and Conditions (GTC) are registered at the Dutch chamber of commerce (digitally), and are available in the English language only currently.
- Propertyswap.net offers the usage of its platform, in particular, the use of the database, solely based on these General Terms and Conditions.
- By using the services on our platform, Members consent to the validity of these General Terms and Conditions.
- By using the services on our platform, users confirm that they oblige their country's national laws and obligations with respect to buying and selling real estate.
- Propertyswap.net reserves the right to amend its General Terms and Conditions effective for the future. The amendments will not become part of the agreement until the user consents to such modifications. It is sufficient for this purpose that Propertyswap sends the new version or notification (link) of the General Terms and Conditions to the e-mail address, provided by the Member, and/or mail within the platform. If the Member does not contradict the amendments to the General Terms and Conditions within one week, consent will be considered to have been granted.
- Conflicting terms and conditions of the user have no effect, even if Propertyswap.net does not contradict them.
Article 2: Performance by Propertyswap, performance by members and service providers
- The platform is an online market place where Swappers (property owners) can offer their property for permanent ownership exchange. In other words they can offer their property for swap (“for swap”).
- The platform is an online market place on which Legal advisors can offer their legal services to Swappers. These legal services include support to achieve a safe and responsible permanent swap.
- The platform is an online market place on which selected services providers can offer their services to Members. An example is the on-demand property photograph service.
- On our website “ www.propertyswap.net”, Propertyswap provides a platform on which Swappers can find ways to communicate with other Swappers and Legal advisors. The conclusion of agreements is a process outside the platform. Propertyswap itself does not offer any properties available for permanent swap; it merely acts as an intermediary for the Members to meet each other and start communicating with each other.
- Propertyswap does not examine the legality, accuracy or completeness of ownerships, and properties, published on the platform or user/Member content, and these do not represent the views of Propertyswap. Propertyswap is not responsible for third-party offerings and/or content.
- Swappers apply their terms and conditions to the property they offer for swap, which does not affect the General Terms and Conditions of Propertyswap.
- Legal advisors can apply their terms and conditions to the legal services they offer, which do not affect the General Terms and Conditions of Propertyswap
- Service providers apply their terms and conditions to the services they offer, which do not affect the General Terms and Conditions of Propertyswap
- Swappers are responsible for their adherence to the provisions governed by public law, including regional codes regarding real estate transactions.
- Legal Advisors are responsible for their adherence to the provisions governed by public law, including regional codes regarding real estate and tax laws.
- Service providers are responsible for their adherence to the provisions governed by public law, including regional codes regarding their services.
12. Service providers apply their terms and conditions to the services they offer, which do not affect the General Terms and Conditions of Propertyswap
Article 3: Registration, realization of the user agreement, contractual declarations
- The registration of a Member, either being a Swapper or a Legal advisor, is required to use the platform. Registration is free of charge and requires that users accept the General Terms and Conditions. The user agreement between Propertyswap and the Member arises on acceptance of the terms and conditions.
- Registration is available only to natural persons and legal persons that are fully legally competent. The registration may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the Member account (i.e., no married couples or families).
- Registration as a Member is available only to people with an activated e-mail-account.
- When registering, the Member undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, a valid e-mail address, and, where appropriate, the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different Member names are prohibited. When registering, the Member chooses a password to accompany his/her e-mail address and an alias (visible on the platform).
- The Member can receive contractual declarations at his/her stated e-mail address.
- The Member’s e-mail address can be modified in the Member’s dashboard.
Article 4: User obligations, user account, system integrity
- The Member is solely responsible for all content that he/she places on the platform. The Member will not place illegal content on the platform and will refrain from actions that violate laws.
- The Swapper is responsible for ensuring that the offered property or properties he/she offers is described correctly and completely. He must provide the information in Propertyswap’s required fields at a minimum so that the property is described with sufficient accuracy.
- The Legal advisor is responsible for ensuring that legal services he offers are described correctly and completely. He must provide the information in Propertyswap’s required fields at a minimum so that the services are described with sufficient accuracy.
- The Swapper agrees that all the photos added must be authentic and show a realistic sight of the property.
- The Swapper undertakes to keep the information in his/her user account up-to-date and accurate at all times, i.e., to correct it immediately in the event of a change.
- A user account is personal and can, therefore not be transferred to any other person or entity.
- The Member undertakes to use his/her user account himself only and to keep his/her password secret. If the Member has forgotten the password, it can be online retrieved.
- Propertyswap.net has no knowledge of passwords.
- The Member is liable to Propertyswap for all actions performed using his/her account unless the Swapper is not responsible for the misuse of his/her user account.
- Once the Swapper is aware that third parties, not being Propertyswap, have access to his/her Swapper data or have otherwise gained access to his/her user account, he must notify Propertyswap of this immediately. Propertyswap is entitled to block the user account until the situation has been clarified.
- Each Member must independently verify the identity of the other Member. Propertyswap accepts no liability for the accuracy of the user contact information entered on the platform.
- The Member undertakes to set up his/her systems and programs in connection with the use of Propertyswap offering in a way that ensures that the security, integrity and availability of systems set up by Propertyswap to provide its services are not affected. Members must not block, rewrite, or modify content generated by Propertyswap or interfere in any other way that contravenes the purpose of the user agreement. Propertyswap is entitled to set up the required measures as are necessary to ensure the system integrity of all the parties.
- Members must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorized persons or used to send advertising, unless the user in question has expressly granted his/her consent in advance.
- Members must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited.
- Each Member is himself responsible for archiving any information that can be viewed on the website and saved by Propertyswap that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Propertyswap.
- Propertyswap does not give any contact details of its Members to any third party, except to our service providers, or if the law requires doing so. The purpose of this information sharing is so that the partner providers can improve the service provided by Propertyswap.
- In the event of a violation of these General Terms and Conditions by a Member or Serice provider, Propertyswap is entitled to exercise its virtual householder rights. Propertyswap can exclude the Member in question from using its services, delete the content he uses, or take other measures. Propertyswap will take legal action to exercise its legitimate rights to forbearance and compensation.
Article 5: Handling of content and rights
- Within the framework of the platform’s functionality, Propertyswap or selected service providers can present to Members using a variety of media. Certain rules must be complied with to ensure that the various media are utilised legally so that neither the user nor Propertyswap can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
- Propertyswap saves the user’s uploaded multimedia content (images, video, text, hyperlinks, etc.), and arranges the necessary memory space and access to it. Members themselves are solely responsible for the content they upload onto the platform and indemnify Propertyswap against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defense.
- Members will ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, Members undertake not to upload content that violates the terms of any applicable laws or treaties. The user also undertakes not to utilize content that is pornographic, glorifies violence, or is race-baiting. This also applies to the sending of e-mails and other electronic communication media of the platform.
- By uploading multimedia content, the Members transfer to Propertyswap a free, revocable, unlimited, non-local right of use that can be sub-licensed to the multimedia content uploaded to Propertyswap by the Members. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to Members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationery and portable computer and mobile handheld devices such as smartphones, tablets, and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from Propertyswap's contractual partners.
- Propertyswap is free to use any comments, information, pictures or ideas contained in any communication user may send to Propertyswap without compensation, acknowledgment or payment to the user for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the services or website or other products or services. For the avoidance of doubt, all such information will be deemed by Propertyswap to be non-confidential and non-proprietary, and the user agrees that such information may be used by Propertyswap without any limitation whatsoever.
- The Member explicitly agrees that Propertyswap is free to read any messages sent between Members. Propertyswap may read these messages to improve user experience, solve conflicts between users or for other reasons Propertyswap deems appropriate.
- The Member agrees that Propertyswap is free to republish and make use of any information published by you on the website without acknowledging user as the source of such information and/or creator of such content. In general, however, Propertyswap will make an attempt to provide a link back to the user's page when posting content on other third party sites, such as Facebook or any of our contractual partners. The user hereby irrevocably waives all moral rights to any content placed on the website.
- The content offered via Propertyswap is protected by copyright. The platform is generally accessed and utilized individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programs, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
- In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, Propertyswap is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the Member has no right to the restoration of his/her multimedia content on the internet platform or the release of his/her deleted user profile.
Article 6: Availability and amendment of the website
- The Member has no legal claim to permanent use of the platform. In particular, Propertyswap is not required to ensure that the platform is available or can be reached at all times. However, Propertyswap endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with Member requirements.
- Propertyswap can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, Propertyswap will take users’ legitimate interests into account by notifying them in advance.
Article 7: Liability for third-party sites
- The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Propertyswap. Propertyswap merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. Propertyswap does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
- The owners of the Internet sites to which the Propertyswap platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
Article 8: Duration, termination
- The user agreement is concluded for an indefinite period.
- The Member can terminate the agreement at any time without notice. User’s leases with other users that have already been proven or arranged remain unaffected by the termination of the user agreement. This applies accordingly to claims for the payment of processing fees already due.
- Propertyswap can terminate the user agreement at any time with two weeks’ notice. An e-mail will be sufficient for the purpose.
- This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Propertyswap has just cause if:
- The Member does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
- The Member violates his/her obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Propertyswap to maintain the agreement.
- Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
- discontinues its platform or business activities;
- Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
Article 9: Measures in the event of illegal conduct and/or conduct in breach of agreement by the Member
- If there are specific indications that a Member is culpably violating legal provisions, third-party rights, or the General Terms and Conditions or if Propertyswap otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Propertyswap can take one or more of the following actions subject to termination without notice:
- Issue the Member with a warning;
- Delete the Members profile or other content;
- Restrict the Member's use of the website;
- Temporarily or permanently exclude (block) the Member from the website;
- Propertyswap also takes the legitimate interests of the user in question into consideration when choosing these measures.
- Propertyswap transactions that have already been concluded between Members are not affected by deletion of a property listing. This applies accordingly to claims for the payment of processing fees already due. An effective property swap does not arise if Propertyswap deletes a property listing before it is accepted.
- Propertyswap has the right to permanently block a Member in each of the following cases. As far as reasonable, the Member will receive prior warning by Propertyswap so that it has the opportunity to dispel suspicion or take remedial action. If a previous warning is not reasonable, e.g. because blocking is necessary to prevent any damage to Propertyswap or another Member, the Member will be subsequently informed by Propertyswap of the blocking immediately, and then be given the opportunity to comment and take remedial action. The right to block a Member exists if:
- the Member has provided incorrect contact information in his/her user account, in particular an incorrect or invalid e-mail address;
- a Member account is transferred to another party;
- the Member significantly harms other users
- there is just cause due to similar risk and responsibility of the Member.
- After a Member has been permanently blocked by Propertyswap, he is not entitled to have the blocked Member account restored. The Member will also no longer be permitted to use the website with other Member accounts or to re-register.
- A Member is liable to any damages incurred by Propertyswap that follow from a violation of these General Terms and Conditions. Propertyswap can recover its damages caused within the context of these Terms & Conditions against user. Furthermore, user safeguards Propertyswap from any third party claims in connection with user's infringement of the General Terms and Conditions.
Article 10: Conversations via Propertyswap
- Any other information Propertyswap collects, uses, and retains through the website, will be used and stored in compliance with appropriate laws and regulations.
- In the case of a dispute between Members, Propertyswap can provide both parties with the chat history upon request.
Article 11: Propertyswap’s liability
- Propertyswap is fully liable for damages caused with intent or through gross negligence by Propertyswap, its employees, for fraudulent concealment of defects and if a guarantee was expressly assumed.
- Propertyswap is liable for other damages only if they arise from violation of a duty whose fulfilment makes the proper implementation of the agreement possible and compliance, with which it is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages that are considered typical for the agreement and foreseeable.
- As Propertyswap does not participate in the contractual relationship between Members, or Service provides. Propertyswap accepts no liability for permanent property swap transactions or any other transactions between Members or Service providers.
- Propertyswap offers the option of contacting Propertyswap with a complaint if there are any problems with regards to the website, Swappers, Legal advisors, Service providers or other parties. The complaint must be provided in written (e-mail or via the internal messaging platform of the Propertyswap website). In this complaint the guest must specifically indicate the grounds for the complaint. In such a case Propertyswap will attempt to bring about a solution.
- Propertyswap advises Members to enter into a contractual agreement with other Members. As stated before Propertyswap is not part in the agreement between Swappers and therefore advises both parties to enter into a contractual agreement with each other, and by using professional assistance from legal advisors, licensed notaries and lawyers.
Article 12: Membership plans & Payments
- The Membership plans for property owners (Swappers) and Legal Advisors are visible on several pages of the platform. The membership plan conditions can be amended at all times. Already-members will be notified of these amendments with a notification in their dashboard.
- The free-of-charge trial membership limits the member in accessing particular features of the platform, until the member decides to upgrade to a paid membership.
- If a swapper does not upgrade to a paid-Membership, the property will be blocked from the website. All data will be stored. Once a swapper logs in again and signs up for a paid Membership plan, the property will be relisted.
- Membership plan prices include local taxes (Value Added Tax).
- At all times Membership and the direct debit can be canceled. All functions from the current Membership plan will remain functioning until the end of the subscription period.
- If a Member deletes (Dashboard -> Membership) his account, all data will be permanently deleted from the Propertyswap server. Information cannot be recovered.
If you choose to become a paid member, you will be prompted to confirm your purchase with the applicable payment provider. Your method of payment (be it your card or a third party account) (your "Payment Method") will be charged for at the price displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize Propertyswap or the third-party account, as applicable, to charge you. Your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again After the subscription period, the subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
- Auto-Renewal; Automatic Payment; Recurring payment
Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed after any subsequent subscription period at the price you agreed to when initially subscribing. Your payment information will be stored and subsequently used for the automatic payments in accordance with these General Terms and Conditions.
- Objections to a payment already made should be directed to Propertyswap, using the chat function (Administrator, Financial) if you were billed directly by Propertyswap or the relevant third party account. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
- You may unconditionally withdraw your consent to automatic payments at any time by going to Dashboard->Membership on Propertyswap.net or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
- If you want to change or terminate, upgrade or downgrade your subscription, you will need to log in to your third party account (or Dashboard->Membership) and follow instructions to terminate, upgrade or downgrade your subscription, even if you have otherwise deleted your account with us. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
- If you pay Propertyswap.net directly, we may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Propertyswap.net may terminate your account immediately in its sole discretion.
- You may edit your Payment Method information by visiting Propertyswap.net and going to Dashboard->Membership. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
- Propertyswap uses as payment gateway: Stripe and PayPal.
Article 13: Closing provisions
- We use media from third party sources: Unsplash.com, Globalpropertyguide.com, Fiabci.org, Rauzier-hyperphoto.com, Pixabay.com
- Our direct marketing app is: Mailchimp.com
- Our Payment gateways are: Stripe.com, PayPal.com
- Propertyswap is authorized to transfer its rights and obligations under this agreement in full or in part to third parties.
- Propertyswap is authorized to send mailings to its Members about side jobs, jobs and internships at Propertyswap to its Swappers through a newsletter. Swappers will have the possibility to unsubscribe from this newsletter.
- This agreement is subject solely to the substantive laws of the Kingdom of The Netherlands with the exception of the UN Convention on the International Sale of Goods and Dutch international private law.
- If the Member is a consumer within the meaning of Book 7 of the Burgerlijk Wetboek (BW – Dutch Civil Code), this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.
- If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
- All declarations to be sent in connection with the user agreement to be concluded with Propertyswap must be issued by e-mail. The postal address and e-mail address of a Member are those that are stated as the current contact data in the Member's user account.
- These terms and conditions will be interpreted in accordance with Dutch law. You and Propertyswap agree to submit to the jurisdiction of the court located in Amsterdam, The Netherlands for any actions of which parties seek injunctive or other equitable relief in a court of competent jurisdiction.