Terms and Conditions
1.- Website Terms & Conditions of Use
If you do not accept these Terms & Conditions please leave the Site now.
All references to 'Knok', 'our', 'us' or 'we' within these Terms & Conditions are deemed to refer to Knok Exchange, S.L.
Besides, 'You', 'Your', 'Yourself' means any person who accesses the Site, being or not a member of Knok.
2.- What is Knok?
3.- Use of the Site
There are two ways of using the Site: first as users, which offers the possibility to surf through search homes for exchange and, secondly, as members which, in addition to the above, allows the possibility of a home exchange with other members.
4.- How to become a member
In order to become a Knok member, users first need to register on the Knok website and pay the corresponding subscription fee.
Subscriptions are available in 3-month, one-year, or two-year time periods and renew automatically for equal periods, beginning from the time of the initial subscription order unless the user accesses My Account / Edit My Subscription and changes the subscription period, indicating whether he or she wants to stop automatic renewals or to delete his or her account.
5.- How to exchange your home
Once you have become a member of Knok, you can easily exchange your home in three steps and two ways.
6.- Rights of the members
7.- Obligations of the members
8.- Payments and taxes
Knok accepts these forms of payment to subscribe to its services or buy its products: credit cards and payments through your PayPal account. If a credit card or your PayPal account is being used for a transaction, Knok may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all services or products you purchase through Knok, and that Knok may charge your credit card or PayPal account for any services or products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Knok with a valid and lawful credit card or PayPal account details for payment of all fees. All fees will be billed to the credit card or PayPal account you designate during the registration process.
Your total price will include the price of the services or products plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you acquire the product or subscribe to the service.
Prices for services and products offered via the Site may change at any time, and Knok do not provide price protection or refunds in the event of a price reduction or promotional offering.
9.- Disputes of the members
Any disputes arising from the use of Knok or affiliate web sites must be settled between the parties who directly participated in the exchange. Knok cannot be held responsible for any events that occur as a result of any home exchange that is or was listed on the Knok Site. Knok may attempt to mediate disputes without assuming any responsibility for subsequent resolution or failure to resolve. Knok may, at it’s sole discretion, terminate or suspend temporarily or permanently the memberships of any members involved in a dispute. No refunds will be provided in the event of such suspension or termination.
10.- Right to terminate membership
11.- Right of member to terminate
If a member decides to remove their house or delete their Knok account, he or she can do so by accessing My Account / Edit My Subscription. Members will not receive any partial or full refund should they decide to remove their houses or their accounts from the Knok community. As mentioned above, members always have the option to cancel the free trial before the end of the 30-day free period by accessing My Account / Edit My Subscription / Cancel My Free Trial. Members can avoid the automatic renewal after making their first payment in the same section, clicking on Manual Renewal.
12.- Member responsibilities
Members are solely responsible for their relations and exchanges with other members.
Members understand that Knok does not, in any way, screen its members, nor does Knok inquire into the backgrounds of its members or attempt to verify the information posted by its members.
Knok makes no representations or warranties as to the conduct of members or the adequacy of their homes or whether exchanges comply with local rules or laws. In no event shall Knok 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 its members or anyone else in connection with the use of the home exchange service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other members of this service.
Members agree to take reasonable precautions in all interactions with other members of Knok. Members understand that Knok makes no guarantees, either express or implied, regarding the homes members exchange through the service.
Members are solely responsible for the content or information they publish or display ("post") in this Site, or transmit to other members. Members will not post on the service, or transmit to other members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, 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). Members will not include in any post any offensive language. We reserve the right, but we have no obligation, to reject any information or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone, at our sole discretion.
13.- Knok's Liability
Knok is only responsible for publishing home listings of its members on the Site.
To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential ,or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.
Furthermore, Knok shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of this Site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any member or other person, and any damages to your property. Knok shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Knok by any other party. Under no circumstances, including but not limited to negligence, shall Knok, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if Knok has been advised specifically of the possibility of such damages, arising from use of or inability to use the home exchange service or any links or items on the service or any provision of the terms of service. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Knok be liable for any amount in excess of the membership fees paid by the member.
Knok does not verify the existence or content of any property and does not guarantee an exchange of any kind. Knok is not responsible for the accuracy of the home listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service.
Knok has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Knok.
14.- Knok's insurance
Notwithstanding the previous term, Knok acknowledges that they have contracted an insurance that shall cover the risks that could arise from the home exchanges reached by its members. Knok's insurance conditions are:
- Knok's insurance coverage is strictly available for Knok's members only.
- Knok's insurance shall cover the risks that could arise from the home exchanges reached by its members in any country of the world.
- Knok's insurance offers coverage until 150,000 Eur*. for the damages caused to its member's home with an excess of 1,000 Eur**.
- Knok's insurance does not cover liabilities arising from cars, motorbikes, yachts, caravans or any other motor vehicles.
** $1.500, £800
15.- Content of the Site
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
All content within this Site, including information in each home listing, is exclusively available to members and visitors of this Site for the express purpose of arranging direct home exchanges between members. You are solely responsible for your interactions with other members. This Site is a service of a private membership organization, and information contained herein is private and not in the public domain. Members may not use any content from this Site for any solicitations, or for any commercial use. Data mining of information from this Site, and collecting or storing personal information about members, is prohibited. Email correspondence is for the purposes of arranging an exchange between members of the Site. Initial contact is limited to using the supplied contact forms on the Site. Any attempt to collect email addresses from members and email individual members or groups of members for any purpose other than arranging a personal home exchange is in violation of these Terms & Conditions and is subject to suspension or expulsion from the Site. Any violation of this paragraph shall subject the violator to severe penalties.
16.- Intellectual Property of the Site
We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, the use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site.
You may view the Site and you are welcome to: print hard copies of material, distribute material on it via the 'email', 'link', 'download' and 'embed' functionality on the Site, but solely for your lawful, personal, non-commercial use. Except as provided in these Terms & Conditions, any other use or reproduction of the intellectual property is prohibited.
Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
17.- Acceptable Usage Policy
The opinions, advice, statements, offers or other information or content made available through this Site are not necessarily ours. Any statements, advice and opinions made by other participants are those of such participants only. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on this Site and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Site or transmitted to members.
We do not actively monitor the materials posted in the public areas of this Site. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor the materials posted in the public areas of this Site and to remove any content which, in our sole discretion, violates, or is alleged to violate, the law or these Terms & Conditions or which constitutes a misuse of this Site and may restrict, suspend or terminate your use of the Site or subscription where we believe that there has been such a misuse.
Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
18.- No Warranties
This Site is provided "as is," and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be free from viruses. Although we take reasonable steps to secure the Site, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. If you are dissatisfied with the Site, your sole remedy is to discontinue using it.
19.- Third Party Goods and Services
We do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the Site.
20.- Your responsibility
You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
Members and users of Knok's services take sole responsibility for any and all agreements reached through use of this Site.
21.- Materials submitted by you
Unless specifically requested, we do not solicit nor do we wish to receive any confidential or secret information through the Site, any of its services, by email, or in any other way.
Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential or secret.
You represent and warrant to us that the information posted by you including any photographs, is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. You assign to us, with full title guarantee, all copyright with respect to any information and photographs which you post, and any additional information sent to us at any time in connection with your use of the home exchange service. You waive absolutely any and all rights to be identified as author of the information and owner of your photograph(s) and any similar rights in any jurisdiction in the world. In addition, other members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on this Site, you automatically grant, and you represent and warrant that you have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
22.- User Information
23.- Links from and to the Site
You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or the violation of these Terms & Conditions or any other laws, regulations and rules by you or anyone using your computer (or account, where applicable).
Specifically, members agree to indemnify and hold harmless Knok, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of Knok home exchange service, including but not limited to (i) any claims for injury or damage to person or property arising from a property a member owns; (ii) any claims for injury or damage to person or property arising from a property transaction; (iii) a claim that any use of the home exchange service by members or someone using their computer (or account, where applicable) infringes any property right of any third party; (iv) any misrepresentation by members; or (v) any breach of any agreement to be performed by members. Members 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.
You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
25.- Anti-Spam policy
Knok does not participate in or tolerate the sending of unsolicited commercial email (SPAM). Knok reserves the right to cancel (without refund) any member that mentions Knok or any of its associated websites, URLs, or any associated Knok email address in any SPAM e-mail message. Besides, Knok reserves the right to cancel (without refund) any member that uses Knok to send any solicitations other than personal exchange requests or replies
26.- Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
27.- Right to asign
Knok may assign its rights to this Agreement without the members' consent. If Knok assigns its rights, is sold to another entity, or enters into an agreement with another company to share home listings, Knok or its successor will give notice to the members who may opt out by terminating his or her membership.
28.- Entire Agreement
29.- Law and Jurisdiction
© 2013 Knok Exchange, S.L. All rights reserved.