Terms and Conditions of Use

Terms and Conditions of Use
We would like to welcome you to HalalHomeExchange.com (the "Community").

 

To be part of the Community, the member commits to having a 'halal lifestyle' and/or has to be ‘halal conscious’. A halal lifestyle refers to our way of life. Halal means ‘permissible/lawful’ in Islam. Halal reflects on food and drinks. But it also reflects on most other important aspects of our lives, such as behaviour and appearance. A ‘halal lifestyle’ will keep you healthy, hygienically clean, sober and morally correct. It also makes us conscious of the environment and caring for all living things.

Everybody can be part of the HalalHomeExchange community, providing that the halal lifestyle will be respected, accepted and adhered to!

 

Members of the Community ("Members") are encouraged to use the Community as a means to travel, save hotel expenses and build relationships with other ‘halal conscious’ people around the globe.

 

Members can use the Site ‘HalalHomeExchange.com’ (further called: "Site") to exchange homes with like-minded people and exchange useful travel-related information as well as communicate with other Members.

By enrolling as a Member, you agree to respect the halal way of life and acknowledge you are bound by all of the terms and conditions herein. Members are entitled to certain services subject to these Terms and Conditions of Use, including the right to access the Sites and to contact other Members.

Non-member visitors of the Site have limited access to the information in the Site. When using the Site, visitors agree to comply with all of the terms and conditions of Use (hereinafter: Terms).

PLEASE READ THIS TERMS CAREFULLY BEFORE USING THE SITE/OR JOINING AS A MEMBER. BY USING OR VISITING THIS SITE YOU ACCEPT THESE TERMS.

 

These Terms can be amended at any time with or without notice.

 

If you do not agree with these Terms, you do not have the right to access or use the Site.

DEFINITION OF TERMS

  • "Agreement" means the membership agreement, including these Terms and Conditions of Use entered into by you and HalalHomeExchange (a private company based in Amsterdam, The Netherlands).
  • "Exchange" means to make your home or other accommodation available to another Member.
  • "Listing" means any property published by a Member on the Site. Listings may include all property which can reasonably be expected to provide a nightly accommodation and which you have the right to offer. Each Listing on the Site will be given a unique identification.
  • Community” means the private company HalalHomeExchange, the community of members together and/or the online platform HalalHomeExchange.com.

 

MIMINAL ROLE OF HALALHOMEEXCHANGE

  • The Community, visitors and Members all have to rely on the integrity and responsibility of the Members listing their properties truthfully. HalalHomeExchange is only responsible for the proper workings of the Site and communication tools provided.
  • HalalHomeExchange cannot and does not verify the existence or accuracy of the description of any Listing and does not guarantee an Exchange of any kind.
  • Members take sole responsibility for any and all Exchanges reached through use of the Site.

HalalHomeExchange strives to ensure the availability of the Site and Service around the clock, 24 hours a day, 7 days a week. However, it is possible that access to the Site or the Service may be interrupted while under maintenance, emergency repair of the Site, or by circumstances beyond the control of HalalHomeExchange.

CREATION OF A MEMBERSHIP ACCOUNT AND LISTINGS

  • To become a Member, one has to create an online Membership Account, by supplying personal information, pay the Membership fee and add a Listing.
  • The Member certifies to be 18 or older at the time of registration.
  • The Member declares to have full and regular rights to use the property he/she lists by virtue of a title, deed or any other title authorizing him to conclude on this property, without the authorization of a third party, for the entire duration of any possible Exchange.
  • The Member agrees to make his house available to the Guest Member, free of charge and, to the expiration of the agreement of Exchange of his property stipulated between Members.
  • The use of the Membership is personal and confidential. The member will be responsible for the use of its Membership by third parties or for the actions or statements made through the Member’s personal account, whether fraudulent or not. A member indemnifies and third parties against any claims of this kind.
  • The Community has no obligation and no technical means to verify the identity of Members, so it cannot be held responsible in case of a Member’s identity theft or other unlawful use of its identity. Any fraudulent use, should be immediately reported to The Community.
  • In case of loss of control or theft of the Membership the Member is responsible for any harmful effect of such loss or theft. The Member will change is password immediately.
  • Members agree do use only one account. It is forbidden to use any additional accounts under his own identity or that of third parties. An explicit request for more than one account can be authorized by HalalHomeExchange.

HalalHomeExchange must approve any web address or URL links you use. HalalHomeExchange has the right to remove references to specific web addresses, email addresses or phone numbers without notice if used in the wrong locations within the Listing.

HalalHomeExchange reserves the right to refuse or terminate (without motivation or compensation) the subscription or Listing of a Member that doesn’t comply with the conditions herein, with the Halal life style, or if one should violate the values and the ethics the Community stands for.

CODE OF CONDUCT

As a Member, you agree:

  • To adjust changes in your personal information in your Member account and Listing(s) immediately after occurrence.
  • To withdraw Listing(s) of properties when you loose the right to offer them.
  • To not provide false or misleading information in your Listing or to Members.
  • You are obliged to accurately describe your Listing(s) on the Site and in all correspondence.
  • To reflect in all your Listings an accurate description of the property, including, the type, number and size of rooms, the usable appliances, connection to the Internet, TV channels and any restrictions in use, etc.
  • To only post interior or exterior photos of the property in your Listing(s), unless specifically indicated otherwise.
  • To refrain from offering multiple properties in one Listing.
  • To publish only Listing(s) for the purpose of seeking an Exchange with other Members. You are under no obligation to Exchange with any other Member who has contacted you or whom you have contacted until you both reached a satisfactory agreement to Exchange.
  • To leave your property in a clean and sanitary condition before any Exchange.
  • To treat the Member with whom you Exchange (an "Exchange Partner") with courtesy and respect and their property, as you would treat your own.
  • To leave each Exchange Partner's property in as good or better condition than you found it and to notify your Exchange Partner of any damage you caused and offer to replace, repair or pay for the same.
  • Not to advertise or solicit other Members to buy or sell any products or services.
  • You understand that the Community offers opportunities and experiences not available in typical travel situations, and you are aware of the small obstacles that may be presented when dealing with personal, cultural and language differences.
  • Not to use, or communicate any offensive, obscene, inaccurate, abusive, profane, sexually oriented, threatening, harassing, racially defamatory, or illegal material or other means of communication, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • To investigate all local regulations including safety compliance and communicate this to your Exchange Partner.
  • Not to upload or transmit files that are too large or that may harm the operation of the Community or your Exchange Partner’s computer or gain otherwise unauthorized access to computers or networks.
  • You are responsible for conducting your own investigation regarding any and all claims and disclosures made by prospective Exchange Partners.
  • You are liable for your information in your Listing(s).
  • You have the authority to enter into this Agreement, to post your Listing(s) and to offer it for Exchange.
  • You are solely responsible for your communications and relationship with other Members
  • To rate a Listing or Exchange Partner truthfully.
  • CANCELLATIONS. You understand that cancelling an Exchange can have consequences, financial and otherwise to you and your Exchange partner. You agree that failing to fulfil your commitments can result in a major inconvenience and substantial financial losses to your Exchange Partner. You will honour any and all obligations you make to your Exchange Partners. And use your best effort to reduce any losses caused by your failure to do so. If, for any reason you cancel an Exchange (with or without justification), you will assist your Exchange Partner in making substitute arrangements, finding alternative accommodations, paying reasonable compensation for such accommodations if necessary, and/or by reimburse your partners non-refundable travel expenses. At a Member's request, HalaHomeExchange may assist in these efforts.

If you fail to fulfil your obligations, your Listing(s) may be removed from the site and your Membership permanently terminated, without refund.

In particular, the following behaviours are strictly forbidden to Members:

  • Non-compliance to the Code of Conduct of the Community
  • Give false information likely to mislead other users or any other person.
  • The omission of any detail in your description of your Listing(s), which a reasonable person may find relevant may be treated the same as an inaccurate description and will be subject to immediate termination of membership and removal of to the Listing from the Site.
  • Creation of a fake accounts.
  • Infringe the rights of third parties.
  • To communicate your email addresses and other contact information other then in the authorized locations within the Listing.
  • Display ads, content, aggressive or controversial photographs.
  • Send unsolicited spam mail, divert Members of the site or follow members of social networks for business purposes.
  • Distribute viruses or any other technologies that may harm the Site or the interests or property of the Community or other users of the Site.
  • Post or distribute in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing the Services or interfere with the proper working of the Site.
  • Copy, modify, or distribute content of any party.
  • Access the Site to collect the contents of the Site, without the express written of The Community.
  • Collect or obtain in any manner information about other Members, including e-mail addresses, without their consent.
  • Bypass measures used to prevent or restrict access to the Site.
  • Include links in the listings of Members to other sites.
  • Offer or solicit properties for rent or sale.
  • Finalise an exchange outside of the Community.
  • Collect or provide information about holiday periods indicated by the Members in order to encourage the burglary of residences of Members.
  • Divert the use of the house proposed for the exchange by Members.
  • To use the Site or the Community to violate any applicable law and not to post or send any content or engage in any conduct that subjects the Community to any threat to civil or criminal penalties.
  • Fraudulently acquire reviews of Members organizing fake Exchanges, Listings, false sponsorships, etc.
  • Use of Alcoholic drinks and non-Halal food in and around the property.

This list is not exhaustive and The Community reserves the right to remove without warning any content that is not compatible with the rules of the Site and/or prejudicial to the security of the platform or its Members

.

SCREENING MEMBERS, E-MAILS AND LISTINGS INFORMATION

HalalHomeExchange uses tools and procedures to screen Members. However, HalalHomeExchange is unable and does not perform extensive background checks or references of its Members. Nor does HalalHomeExchange have any obligation to verify the information posted by its Members in their Listings. HalalHomeExchange does not warrant the good conduct of its Members or the adequacy of their Listings.

Emails sent between Members may be reviewed by HalaHomeExchange for compliance with the agreement and these Terms. They will be treated as confidential and private to the extent required by applicable law. HalalHomeExchange has the right to remove content that, to our sole discretion, violates, or is alleged to violate the law or this agreement.

INTELLECTUAL PROPERTY

The Site, the trademark, logos, graphics, photographs, animation, videos and texts and all other content contained therein and thereon, are the intellectual property of HalalHomeExchange and are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws.

Members and users agree not to modify, copy, reproduce, upload, post, transmit, commercially exploit and/or distribute in any way the services or (any part of) the pages of the Site.

If a Member considers that an infringement has been made on their rights, or that content is illegal, he is required to inform HalalHomeExchange at info@halalhomeexchange.com.

Copying any content from the Site, reusing, reselling, distributing, scraping or publishing the content in any way is prohibited. Any violation of this paragraph shall subject the violator to penalties including a minimum of € 500 per violation or day the violation is continued and you shall indemnify and hold the Community harmless from and against any and all costs and damages incurred by the Community as a result of such violation.

A Member grants HalalHomeExchange an irrevocable, non-exclusive and royalty-free right and license (but not obligation), in perpetuity throughout the world, to use, copy, perform, reproduce, promote, publish, display and distribute any intellectual property and all copyright, in and to, each and every photograph, video, and all information related to your Listing. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant these rights and license.

You are responsible for determining which content or information is protected by copyright-, trademark law, is a trade secret; you have the right to publish or are protected by other proprietary rights of third parties. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.

PRIVACY POLICY

You also agree to read, review, comply with, uphold and maintain our Privacy Statement and the terms and conditions thereof.

RIGHT TO REFUSE SERVICE AND SUSPEND OR TERMINATE MEMBERSHIP

HalalHomeExchange reserves the right to refuse service to anyone and terminate any Membership, for any reason, at our sole and absolute discretion, without being required to justify this termination and without appeal or compensation of any kind whatsoever. At any time HalalHomeExchange may suspend or terminate any Listing or Membership for any reason or for no reason at all, at HalalHomeExchange’s sole and absolute discretion.

Grounds considered for termination may include, without limitation, behaviour the Community considers to be inappropriate, including in connection with the review of any dispute, and any action that we feel compromises the reputation or security of the Community, adversely affects other Members or their property, or any action that we believe may be detrimental to the Community. HalalHomeExchange further reserves the right to terminate any Membership if it determines, in our sole and absolute discretion, that a Member has violated this Agreement or our posted Privacy Statement or if any information provided by a Member is found to be materially misrepresented, or a Member's Listing or actions are in violation of any law or any provision of this Agreement, including if such Member's account has been suspended or terminated in the past. HalalHomeExchange also reserves the right to close accounts that have been inactive for over 12 months.
HalalHomeExchange will terminate the Membership of any Member who no longer meets the original terms of ownership of an account; the rules of good morality or if one violates these Terms or the values and the ethics the Community believes in.

If a Membership is terminated without any reason, the Member will be entitled only to a pro rata refund of any fee paid. If Membership is terminated due to any violation of these Terms, no refund will be provided.

CANCELLING YOUR MEMBERSHIP

A membership ends:

  • After the chosen Membership period ends.
  • Members have upon registering as a Member a right to withdrawal from the Community Membership for a 14 (fourteen) days period, after which the chosen Membership period becomes final. The Membership period also becomes final if Members have used the Membership services of the Community within the first 14 (fourteen) days.
  • To exercise this right of withdrawal, the Member has to send a registered termination letter within this period to the postal address of HalalHomeExchange, remove their account and Listing(s) and send information for reimbursement. Reimbursement is performed by crediting the card or Pay Pal Account used by the Member as soon as possible and, in any event, no later than 30 (thirty) days from the date on which the right of withdrawal has been exercised.
  • Members may decide at any time to cancel their Membership by requesting the closure of their account with the Community, without charges, without any reason and by any means given on the Site. This application will be considered made and shall take effect on the business day following receipt of the request to close the account in question. However, in the event that an Exchange is in progress on that date between the Member concerned and another Member, the Member's obligations under the relevant Exchange Agreement will continue until the expiration of 15 days after the last day of stay made ​​or granted by the Member concerned.

In any event, such termination will not cause any right to reimbursement for Membership fees billed by the Community prior to the effective date of termination.

Members may "hide" or "unhide" their Listing at any time and at no charge by logging in to their Member Page and choosing that option. Should you choose to cancel your Listing or account, they may do so by contacting HalalHomeExchange. Refunds will not be given when Members terminate their Listings or accounts.
 

USE AT YOUR RISK: DISCLAIMER AND LIMITATION OF LIABILITY

HalalHomeExchange takes no responsibility for the content of listings posted by Members and the actions of the latter, except in cases when HalalHomeExchange was duly informed of the existence of illegal content as defined by the legislation, and has not acted promptly to remove it.

An Exchange is made exclusively under the sole responsibility of the Host Member and Guest Member.

HalalHomeExchange cannot be held responsible for financial or commercial losses, damage to reputation, or any direct or indirect loss arising from the use of the Site and Services by Members. In particular, HalalHomeExchange cannot be held responsible for any damage to property or any other harm suffered by a Member or as a result of a third party in the property. Similarly, HalalHomeExchange cannot be held liable for damages incurred by a Member or a third party as part of a stay in another Member's Listing.

To the extent that some countries limit the scope of the warranty disclaimers or liability, it is possible that the exclusions mentioned above are not binding on some members. Thus, this limitation of liability will then only apply to consumers in the following cases: uncontrollable forces, or in a situation in which it was undeniably not the fault of a Member or a third party or the Community.

Notwithstanding the preceding paragraph, assuming responsibility for HalalHomeExchange is ascertained, compensation against the aggrieved Member shall (a) be limited to the total fees that the Member has paid HalalHomeExchange during the twelve months preceding the action involving liability for HalalHomeExchange or (b) the sum of 100 euros, depending on the higher amount.

You agree that the Community has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Sites and it is your responsibility to keep a backup copy of any text, images, or other submitted materials on your own computer system or backup device. You acknowledge that features, parameters or other services provided by the Community may change at any time.

In no event, including but not limited to negligence, shall the Community or HalalHomeExchange be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site and Membership services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or the Community.

Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

HalalHomeExchange does not guarantee the accuracy, completeness, or usefulness of any information on the Site. HalalHomeExchange does not adopt, endorse, nor is responsible for the accuracy or reliability of any opinion, advice or statement made by ant party other then HalalHomeExchange.

Under no circumstances is HalalHomeExchange responsible for any loss or damage resulting from anybody’s reliance on information or other content posted on the Site or transmitted to Members.

Under no circumstances is HalalHomeExchange responsible for any loss of information, data, materials or emails. Members are responsible for making a backup of their information, data, materials and emails.

INDEMNIFICATION

You agree to indemnify and hold harmless HalaHomeExchange, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of your Listing, including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from an Exchange to which you are a party; (iii) a violation of these Terms by you or anyone using your account; (iv) a claim that any use of the Service by you or someone using your account infringes any property right of any third party; (v) any misrepresentation by you; or (vii) any breach of any Exchange Agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

If you have a dispute with one or more of our Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

LEGAL ACTION AND ENFORCEMENT OF THIS AGREEMENT

If a dispute arises between any Member or user, and the Community any legal action will be brought exclusively to the competent court in Amsterdam, The Netherlands, in accordance herewith and the laws of The Netherlands shall apply.

RIGHT TO ASSIGN

The Community may assign its rights to this Agreement without the Members' consent.

INSURANCE

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

The Host Member will make sure that his house is insured in accordance with the legislation in force by exchanging homes.

EXPECTATION OF PRIVACY

Members have a reasonable expectation of privacy while exchanging. You expressly agree to disclose the existence of any security cameras or other surveillance equipment on or around your Listing to your Exchange Partner by posting this information on your listing and/or in your communications. Certain uses of surveillance equipment may violate the law in your jurisdiction. As the Community cannot provide specific legal advice, you agree to familiarize yourself and comply with applicable laws and regulations.

Failure to comply will result in the immediate termination of your membership and may have serious legal and financial consequences to you.

 

ENTIRE AGREEMENT

These Terms and Conditions of Use and the Membership constitute the entire Agreement between you and the Community, and supersede any and all prior Agreements, whether oral or written, except as expressly provided. This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument. If any provision of these Terms and Conditions of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in force.

By using or continuing to access any of the Sites or use the services of the Community, you agree to the terms and conditions of this Agreement.