PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, PROPERTY OWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PROPERTY OWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A PROPERTY ON SHARINGXCHANGE.COM
Updated September 19, 2016
1. Key Terms and Definitions
"sharingXchange.com", "sharingXchange", "us", "we" or "our" means sharingXchange Inc., a private corporation established in the United States of America, having its registered address at Paradise Cove Marina, 17141 Rocky Ridge Road Austin Texas 78734.
"Sharer Host" means a registered user who creates a Listing via the List Your Space application on sharingXchange.com
“You” and “Your” means and is addressed to the Sharer Host.
"Listing" means a property that is listed by a Sharer Host as available for rental via the List your space application and sharingXchange’s services.
"Accommodation" means residential and other properties.
"Guest" means a person who requests a booking of an Accommodation or stays at an Accommodation (and is not the Owner for such Accommodation).
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
These terms & conditions apply to the Property Management Listing services as described on www.sharingXchange.com and on the ”Help” (frequently Asked Questions Page of the website). These Services and related applications (as defined below), as well as all information, recommendations and service details provided by sharingXchange personnel.
2. What services does sharingXchange provide?
1) An online MetaSearch Comparison service for multiple goods and services.
2) For the property owners and their authorized legal representatives, sharingXchange provides a set of Property Management Listing services that includes professional marketing services, authorized representation for screening and qualifying consumers and accounting services for processing payments in addition to other services.
3. How is the contract between you and sharingXchange concluded?
By listing your space and agreeing to the terms & Conditions, you agree to rent your space and are obligated to provide sharingXchange with accurate details of the information requested. Upon successful completion of you signing up with sharingXchange, sharingXchange will provide support personel to manage our services with you.
To use the sharingXchange services you have to be 18 years of age or older. You represent that you are of legal age to enter into a binding agreement and are 18 years of age or older.
4. Account Registration
You may register to create a user account directly via the sharingXchange website. By Registering an account, you agree to provide accurate, current and complete information and content during the registration process and to update such information to keep it accurate, current and complete. sharingXchange reserves the right to suspend or terminate your account in our sole discretion.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify sharingXchange of any unauthorized use of your account.
5. Your E-mail Address and Data
When you provide your e-mail address, name or other information to us in connection with your use or access to the website and services of sharingXchange, you agree to allow sharingXchange to add your e-mail address, name or other information provided to our database of users. You may receive one or more informational or promotional e-mails from sharingXchange. You are welcome to opt out and not to receive such e-mails from us at any time, by requesting so through an e-mail notice sent at info@sharingXchange.com.
6. Terms and Conditions of using the Service
Your registration as a Sharer Host allows you to provide the necessary information as designated by sharingXchange for the sharingXchange marketing, distribution, availability, pricing, payment processing, local services and customer support services at the mutually agreed commission plan.
You will receive access to a sharingXchange team member who will provide support.
sharingXchange shall provide ongoing reasonable efforts and assistance to promote your goods and services to consumers.
For the avoidance of doubt: sharingXchange itself does not provide any form of shared assets or services, and sharingXchange is not a provider of accommodations, transportation, experiences or services. The Sharer Host is obligated to provide, in a timely manner, their rental or service rates and availability. If you are a sharer Host and contract for the sharingXchange marketing, distribution, availability, pricing, payment processing, customer support and other services to be determined, it is your responsibility to be responsive and forthcoming with essential information when requested by sharingXchange.
Providing rates – A Sharer Host is obligated to provide the correct and valid price while listing a property on sharingXchange. The Sharer Host can always change and update this price on sharingXchange. When there is a booking request for a listing, the Sharer Host of this listing is obligated to accept the price that was provided on this listing on the sharingXchange website at the time of receiving the request.
Providing availability – A Sharer Host is obligated to keep the Customer Support team members of sharingXchange updated with the availability of their property. The Sharer Host must do at least one of the following:
In case of double booking due to the Sharer Host not updating the Customer Support team members of sharingXchange about the availability of the property, the Sharer Host is obligated to accept the guests that booked the property through sharingXchange services or pay the imposed cancelation fees from the 3rd party rental website where the reservation was requested and confirmed.
If the Sharer Host rejects the booking inquiry on a listing with a reason of property being unavailable or booked, while the customer Support team members of sharingXchange are not updated about the availability of the property, sharingXchange has a right to deactivate the profile and the listing(s) of the Sharer Host without any prior notice. Deactivation of the listing means marking the property as unavailable for not to receive new bookings and deleting the listing on the last day of last confirmed booking, if such confirmed booking exists.The provision of the shared service by the Sharer Host and the Guest is subject to the agreement (to be) entered into between the Sharer Host and the Guest who originates from a 3rd party website and sharingXchange shall never be a party to such agreement.
7. Your use of the website and the Service of sharingXchange
You acknowledge and agree that you alone are responsible for any and all listings and content you post on the website of sharingXchange. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that sharingXchange assumes no responsibility for a Sharer Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. sharingXchange reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that sharingXchange, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms & Conditions or otherwise harmful to the the website and services of sharingXchange .
You warrant that the information you provide to sharingXchange is accurate and complete. sharingXchange is entitled at all times to verify the information that you have provided and to refuse to provide our services without providing reasons.
sharingXchange recommends that you obtain appropriate insurance for your Accommodations, space, or anything you will be renting plus its content. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests or people renting (and the individuals the Guest invites to the Accommodation or space, if applicable) during the time they are renting from you.
You as a Sharer Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. sharingXchange cannot and does not offer Tax-related advice to any Sharer Hosts. In the case when sharingXchange provides services to pay local taxes on behalf of the Sharer Host there will be a separate agreement between you and sharingXchange or this agreement will be updated and you will be notified.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Sharer Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Sharer Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
By using the sharingXchange service, you further agree to comply with all of the following requirements:
sharingXchange reserves the right to immediately terminate use of the website and services of sharingXchange should you not comply with all of the above requirements.
Unless specifically requested otherwise, Sharer Host should inform us by sending an e-mail at info@sharingXchange.com in the case the Sharer Host wants to deactivate and delete a listing and registered user account.
Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms & Conditions or are otherwise unacceptable to us.
By submitting a photograph to us, the Sharer Host represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the website and any member of sharingXchange team from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the Sharer Host’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Sharer Host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Sharer Host further agrees that we may reproduce in whole or in part any photographic material supplied by such Sharer Host in the promotion of either such Sharer Host’s property or the website and services of sharingXchange.
9. Listing More Than One Property.
Each listing must relate to an individual and uniquely identified property. The property in a listing may not be substituted for another property without our consent. If a Sharer Host submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated previously existing listing as compensation for the violation of this condition. The listing cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.
The use of the sharingXchange Property Management listing service is approximately 15% commission from the payment that sharingXchange receives from the third party sites where the Sharer Host’s property is rented from. After sharingXchange deducts its commission, the payment will be sent to the Sharer Host via bank transfer, Paypal or other methods. Sharer Host chooses the payment method by providing either bank account information or PayPal account e-mail address on his or her user profile on sharingXchange.com. Currently, there are two options for receiving the payment:
Fees for services provided by sharingXchange may be modified or updated by sharingXchange at any time. It is your own responsibility to remain informed and you will have the option to accept or reject any price changes based on notifications sent to you by sharingXchange.
Your bank, credit card company or PayPal account may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is your obligation to review any agreement with your bank, credit card company or PayPal concerning any such fees.
11. Currency Rates
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but sharingXchange does not warrant or guarantee such accuracy.
By accepting these Terms & Conditions and using the the website and services of sharingXchange , you agree that you shall defend, indemnify and hold sharingXchange, its ambassadors, affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms & Conditions or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Sharer Host assets and services arranged via the website and services of sharingXchange or (c) your use or misuse of the website and services of sharingXchange.
13. Limitations of Liability
sharingXchage is not an owner of the properties listed on sharingXchange website or managed through sharingXchange services. You understand and agree that sharingXchange is not a real estate broker, agent or insurer. sharingXchange enters into agreements with guests, Sharer Hosts, third party service providers to provide the Services, but sharingXchange has no direct control over the conduct of such parties that are not agents or employees of sharingXchange. Accordingly, sharingXchange is not responsible for any liability related to any services or properties where the Sharer Host, guest or third party service providers have violated any terms of their respective agreements with sharingXchange. By using the services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of users or third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from sharingXchange with respect to actions or omissions of such third parties.
The information, recommendations and/or services provided to you and consumers on or through the third party websites, the website and services of sharingXchange are for general information purposes only and does not constitute advice. sharingXchange will reasonably keep the sharingXchange website and its content correct and up to date but does not guarantee that the contents of the website are free of errors, defects, malware and viruses or that the sharer website and/or application are correct, up to date and accurate.
sharingXchange shall not be liable for any damages resulting from the use of or inability to use any third party websites or the sharingXchange service, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the websites or the application.sharingXchange shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the sharingXchange website, including - but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications
by third parties or by computer programs used for electronic communications and transmission of viruses.Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the sharingXchange aggregate liability shall in no event exceed an amount of $500 USD or, where applicable, the equivalent of that amount in the currency used by the Sharer Host or the consumer for the payment of the services as provided.
14. License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the sharingXchange website, sharing websites, marketing service, application or collective content, except as expressly permitted in these Terms & Conditions. You may not reuse any collective content without first obtaining the written consent of sharingXchange. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by sharingXchange or its licensors, except for the licenses and rights expressly granted in these Terms & Conditions.
15. License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the sharingXchange Website or through its services. User Content will be deemed non-confidential and non-proprietary. Accordingly, sharingXchange shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that sharingXchange only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. sharingXchange shall not be continuously monitoring User Content published by you or moderating between Users, nor shall sharingXchange be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of sharingXchange.
You agree to indemnify and keep sharingXchange, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by sharingXchange or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application. sharingXchange reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which sharingXchange believes is not in accordance with these Terms & Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to sharingXchange.
You agree to promptly notify sharingXchange in writing of any User Content which breaches these Terms & Conditions. You agree to provide to sharingXchange sufficient information to enable sharingXchange to investigate whether such User Content breaches these Terms & Conditions. sharingXchange agrees to make good faith efforts to investigate such complaint and shall take such action as sharingXchange in its sole discretion decides. However, sharingXchange does not warrant or represent that it will block or remove (in whole or in part) such user Content.
16. Copyright Policy
sharingXchange respects copyright law and expects its users to do the same. It is the sharingXchange policy to terminate in appropriate circumstances users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. A copy of the sharingXchange Copyrights Policy is available upon written request.
17. Intellectual Property Ownership
sharingXchange alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the website, services and the application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the website, service or the application.
These Terms & Conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the website and services of sharingXchange, or any intellectual property rights owned by sharingXchange. The sharingXchange name, logo, and the product names associated with our website and services. are trademarks of sharingXchange, its affiliated companies or third parties, and no right or license is granted to use them.
18. Third Party Interactions
During the use of the the website and services of sharingXchange, links to websites that are owned and controlled by third parties may be provided in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the sharingXchange website, the application and the service and are beyond the control of sharingXchange.
19. Term and Termination of the Contract
The Contract between sharingXchange and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of your listings and closing user account, thus disabling the use by you of the the website and services of sharingXchange. You can close your user account at any time by following the instructions on the sharingXchange website and officially informing sharingXchange by sending an e-mail at email@example.com
sharingXchange is entitled to terminate the Contract at all times and with immediate effect (by permanent deletion of your listings and closing your user account) if you: (a) violate or breach any term of these Terms & Conditions, or (b) in the opinion of sharingXchange, misuse our website and services. sharingXchange is not obliged to give notice of the termination of the Contract in advance. After termination sharingXchange will give notice thereof in accordance with these Terms & Conditions.
20. Invalidity of one or more provisions
The invalidity of any term of these Terms & Conditions shall not affect the validity of the other provisions of these Terms.
If and to the extent that any provision of these Terms & Conditions is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these Terms & Conditions.
21. Modification of the Service and Terms & Conditions
sharingXchange reserves the right, at its sole discretion, to modify or replace any of these Terms & Conditions, or change, suspend, or discontinue the website and services of sharingXchange (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice via email. sharingXchange may also impose limits on certain features and services or restrict your access to parts or all of the website and service without notice or liability.
sharingXchange may give notice by means of a general notice on the Service, or by e-mail to your email address on record in the sharingXchange account information, or by written communication sent by regular mail to your address on record in sharingXchange account information.
You may not assign your rights under these Terms & Conditions without prior written approval of sharingXchange.
24. Privacy and Cookie Notice
sharingXchange collects and processes the personal data of the visitors to the sharingXchange website, inquirer guests and users of the service.
25. Applicable law and Dispute Resolution
These Terms & Conditions are subject to the laws of the state of Texas in the United States. Any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the website and services of sharingXchange (collectively, "Disputes") will be settled exclusively by the competent court in the state of Texas, unless you notify sharingXchange within one month after sharingXchange invoking its right pursuant to this provision to commence court proceedings in Austin, Texas in the United States, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the website and services of sharingXchange ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the website, sending us e-mail at info@sharingXchange.com or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of sharingXchange and you hereby irrevocably assign to sharingXchange and agree to irrevocably assign to sharingXchange all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At sharingXchange’s request and expense, you will execute documents and take such further acts as sharingXchange may reasonably request to assist sharingXchange to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
27. Final provision
The English text of these Terms & Conditions constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
I affirm I am the owner or legal representative authorized to share and rent the goods or services described in the Sharer Host Registration Form.
28. Contacting sharingXchange
If you have any questions about these Terms & Conditions, please contact sharingXchange at info@sharingXchange.com.