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Terms of use

Use of the Service is governed by the Terms and Conditions (as amended from time to time) which consist of these Terms of Use, the Privacy Policy, the About Us section and, where applicable, the Landlord Participation Form or Registrant Registration Form. These documents constitute the entire agreement between us and can be found on this website (jointly referred to as the "Terms and Conditions").

By using the Service and/or registering to use the Service you agree to be bound by these Terms and Conditions. Please note Additional Terms of Use apply to users who choose to register for the Service; these Additional Terms of Use can be found below in the sections "Additional Terms of Use for Partnering Organisations" and "Additional Terms of Use for Registrants". Furthermore, there are Additional Terms of Use which apply to organisations that enter into the 3 year fixed term contract with Exchange Locata.

The website (the "Service") has been provided by Locata (Housing Services) Limited. Further details of Locata (Housing Services) Limited can be found in the "About Us" section of this website. All references to "Exchange Locata" throughout the Terms and Conditions mean reference to Locata (Housing Services) Limited.

General Terms of Use

1 The services provided by Exchange Locata consist of (i) the provision of this website; (ii) where a user is a Registrant (as defined below), the provision of a matching service that identifies potentially suitable property to secure a mutual exchange between social housing tenants; and (iii) where a user is a Partnering Organisation, the ability to use the service on behalf of their tenants and customers (the "Services" and the "Additional Services" (as defined below)). You acknowledge that the extent of the Service is to introduce parties in respect of property exchange and facilitate communication in respect thereof. Exchange Locata offers no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful exchange. Moreover Exchange Locata cannot verify the existence, suitability or condition of any of the properties detailed on the website nor can it accept any liability for any damage, accident or injury which might occur due to your direct or indirect use of the Services.

2 You acknowledge that Exchange Locata publishes information provided to it by third parties. Exchange Locata does not therefore make any representations or warranties about the accuracy, completeness or suitability of the information and related images published by the Service. Any material you upload to the website will be considered non-confidential and non-proprietary, and LHS have the right to use, copy, distribute and disclose to third parties any such material for any purpose. LHS has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy. LHS will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

3 Neither Exchange Locata, nor any of its officers, servants and agents contributing to the Service shall be liable for any loss or damage arising out of or in connection with the use of this Service. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of turnover, loss of sales, loss of revenue, special loss, income or profit loss, loss of or damage to property and any claims of third parties and which in any event shall be limited to "sums paid" by the relevant party.

4 While Exchange Locata endeavours to ensure that this Service is normally available 24 hours a day, access to this Service may be suspended temporarily and without notice. Exchange Locata shall not be liable for any damages, direct, indirect or consequential arising in contract or tort or otherwise from the inability to use the Service.

5 Notwithstanding the foregoing, none of the exclusions and limitations in the Terms and Conditions are intended to limit any rights you may have as a consumer under UK law, nor in any way to exclude or limit Exchange Locata's liability to you for death or personal injury resulting from Exchange Locata's negligence or that of its employees or agents.

6 Any links to other sites are provided for information only. Exchange Locata is not responsible for the content of these sites nor does the presence of a link constitute an endorsement of or statement about the site linked to.

7 You agree not to post or transfer to this website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Exchange Locata or any other parties computer system. In the event that you do post or transfer any such material to this website your registration to the Exchange Locata service may be revoked. You agree to indemnify us in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligation under this provision, including, but not limited to any claims made against us by any third party. Exchange Locata reserves the right to withdraw any material posted on the website without notice or formality.

8 Any third party contributing any content to the Service whether by means of text, names and/or images shall at all times be liable for and shall indemnify and hold harmless Exchange Locata (together with its officers, servants and agents) against any and all liability, loss, damages, cost, legal costs, professional and other expenses of any nature whatsoever, incurred or suffered by any party arising out of the use of the Service whether directly, or indirectly.

9 In consideration of agreeing to your use of this website and the Services you acknowledge that the ownership of any intellectual property rights (including but not limited to copyright) in this website belongs to us and all such rights in respect of the contents are controlled by us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

10 Exchange Locata reserves the right to amend the Terms and Conditions, the Services and the website at any time as Exchange Locata may in its sole discretion deem fit. You agree to be bound by the Terms and Conditions in force at the time you are utilising the website and/or the Service unless such changes are deemed to have retrospective effect by virtue of applicable law. It is your responsibility to familiarise yourself with the amended Terms and Conditions as continued use of the website signifies agreement to the Terms and Conditions (as amended).

11 Exchange Locata reserves the right to withdraw some or all rights from any user as it shall in its sole discretion deem fit.

12 Exchange Locata may assign its rights to this agreement without your consent. However, Exchange Locata will notify you of any assignment outside of the Locata Limited via a posting on this website.

13 Exchange Locata Services are only available to persons who are capable of forming a legally binding contract and only to persons resident within the United Kingdom and in accepting these Terms and Conditions you are declaring that you are capable of forming a legally binding contract and that you are resident within the United Kingdom.

14 In the event any of these Terms and Conditions are declared invalid or unenforceable by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other clauses or part of clauses contained in these terms and conditions shall remain in full force and effect and shall not be effected by such finding.

15 For the avoidance of doubt clauses 7, 8 and 17 hereof shall survive termination hereof.

16 The Terms and Conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any Landlord Participation Form or Registrant Registration Form, except in relation to the Additional Terms of Use which apply to organisations that enter into the 3 year fixed term contract with Exchange Locata and are detailed in the relevant Landlord Participation Form.

17 A person who is not a party to these Terms and Conditions shall have no right under the contract (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions.

18 These Terms and Conditions shall be interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

Additional Terms of Use for Partnering Organisations

19 Registered social landlords, councils with housing stock or statutory housing obligations and other relevant organisations, at the discretion of Exchange Locata, may "partner" with Exchange Locata, (i.e. work with Exchange Locata in order to secure property exchanges on the terms stipulated herein), in order to facilitate the provision of the Service to social housing tenants ("Partnering Organisations").

20 Tenants registering with the service identify who their landlord is and where the landlord is a Partnering Organisation, the Partnering Organisation will be required to verify whether the registrant is in fact a tenant of that Partnering Organisation.

21 The Service is free of any registration charge to verified tenants of Partnering Organisations.

22 Partnering Organisations agree to promote the Exchange Locata service to tenants including prominently displaying Exchange Locata marketing materials in areas where they can be seen by tenants and including details of the Service in literature sent and available to tenants. Partnering Organisations agree also to add one or more links to the Exchange Locata website on their own website.

23 Exchange Locata shall be permitted to refer to which organisations are Partnering Organisation, and use their logos, for marketing purposes.

24 Partnering Organisations who enter into an agreement to partner with Exchange Locata shall be charged a fee for the use of the Services (the "Per Annum" fee). The amount of the Per Annum Fee shall be dependent upon the type of service required by the Partnering Organisation.

25 Please contact Exchange Locata for a personalised quotation. At its sole discretion Exchange Locata may offer discounts to Partnering Organisations including those who are part of a group or where a number of landlords are already co-operating, where more than one member partners with Exchange Locata.

26 The Per Annum Fee costs are exclusive of VAT. The Per Annum Fee is payable annually in advance. Payment of invoices in respect of the of the Per Annum Fee shall be due within 30 days of date of invoice.

27 Provided you agree unconditionally to the Terms and Conditions please submit your online Landlord Registration Form on the website. We will be in contact to talk you through the process of joining and what service you may require. Please note Exchange Locata reserves the right at our sole discretion not to process your Registration Form. Whilst Exchange Locata guarantee to send to you a notification Exchange Locata cannot guarantee that the notification which Exchange Locata sends will be received by you nor that if it is received by you it is legible and uncorrupted.

28 No part of the Per Annum Fee shall be refundable to the Partnering Organisation in the event that the Partnering Organisation decides to stop use of the system.

Additional Terms of Use for Registrants

29 A "Registrant" is anyone who has registered to use the Services to swap homes, whether by way of the registration process on the website or a paper application form (only available from Partnering Organisations).

30 Registrants whose landlord is a Partnering Organisation with Exchange Locata and where their registration is approved by a Partnering Organisation shall not be charged for the use of the Service.

31 Registrants whose landlord is not a Partnering Organisation with Exchange Locata are unable to register unless thier Landlord is registered with Exchange Locata.

32 Provided you agree unconditionally to the Terms and Conditions please apply for the Service by completing the online registration form. Upon entry of your registration details to the website Exchange Locata form a legally binding contract will have been formed between us.

33 The Service may be terminated at any time by either you or Exchange Locata. If you wish to unsubscribe you should follow the on screen instructions.

34 Where Registrants agree a mutual exchange between them Exchange will advise their landlords and they will ensure you have permission.