Terms and Conditions

Use of the Service is governed by the Terms and Conditions (as amended from time to time) which consist of these Terms of Use and the 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.

Instructions are accepted by us to act on your behalf, when the registration form has been completed.

If you started marketing your home after 1 December 2008, you require a Home Report by Law, including if the sale is by way of a swap. If you have had a Home Report prepared already, for example organised through an estate agent, you can use that. By using the FalkirkHomeExchange service you are confirming you will make a Home Report available to potentially interested parties. The Housing (Scotland) Act 2006 states that we cannot communicate details of your property to any potential buyer and vice versa, without the provision of a Home Report, if it is required.

The www.FalkirkHomeExchange.com website and the Home Swap service (the "Services") is provided by Ian Gray Estate Agents.

Fees & Charges

There is no fee to join this service.

When Ian Gray Estate Agents (Falkirk Home Exchange) find you a suitable property using the Home Swap service, you agree to pay on completion of purchase:-

*Please note that any existing agreement you may have with your estate agent will still apply. This fee does not apply to clients of Ian Gray Estate Agents.

You agree that we have deemed to have found you a suitable property if, you have received particulars from ourselves directly.

The search term will last until the member has found a suitable property or until we receive written notice to terminate our agreement.

If within one year of termination of this contract, you or any member of your family purchase a property introduced to you by ourselves, you are liable to full payment of the standard fees as above.

FalkirkHomeExchange reserve the right to charge 5% above base rate per annum on all late payments.

General Terms of Use

Details of properties, valuations, reports and other information provided by us are prepared and put forward in good faith and are solely for your guidance. All clients must satisfy themselves as to the correctness and accuracy of any details provided by us.

FalkirkHomeExchange do not accept any liability for the views of, or contents of any report prepared by, any Third Party in relation to any property.

The services provided by FalkirkHomeExchange consist of (i) the provision of this website; and (ii) the provision of a matching service that identifies potentially suitable property to secure a mutual sale and purchase of homes between homeowners. You acknowledge that the extent of the Service is to introduce parties in respect of property exchange and facilitate communication in respect thereof. Any additional service such as negotiation on your behalf, instruction of surveyors or solicitors, etc, will be at the discretion of FalkirkHomeExchange.

FalkirkHomeExchange offers no guarantee and makes no warranty as to the likelihood of a user finding a suitable match leading to a successful exchange.

FalkirkHomeExchange shall not 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.

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.

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

FalkirkHomeExchange 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.

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.

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.

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

A "Registrant" is anyone who has registered to use the Services.

The Service may be terminated at any time by either you or FalkirkHomeExchange. If you wish to unsubscribe please send an email titled ‘unsubscribe’ to info@falkirkhomeexchange.com.

FalkirkHomeExchange reserves the right to amend the Terms and Conditions, the Services and the website at any time as FalkirkHomeExchange 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. Copies of previous versions of these Terms and Conditions can be obtained by writing to Falkirk Home Exchange, 203 Main Street, Larbert, FK5 4AL. It is your responsibility to familiarise yourself with the amended Terms and Conditions as continued use of the website and/or the Service signifies agreement to the Terms and Conditions (as amended).

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 a legally binding contract will have been formed between us. Please note FalkirkHomeExchange reserves the right at its sole discretion not to process your application and in the event that your application is rejected FalkirkHomeExchange will notify you.