TERMS AND CONDITIONS
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Means an account required to access and use Property Technology LTD, as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Property Technology LTD;
means the contract between Us and you for the purchase and sale of a Subscription to Property Technology LTD, as explained in Clause 6;
means your order for a Subscription;
means a subscription to access Property Technology LTD, purchased in accordance with these Terms and Conditions;
means a user of Property Technology LTD;
means details created and/or uploaded by Users in or to Property Technology LTD; and
means Property Technology Ltd a company registered in Scotland under SC528448, whose registered address is 175 Pleasance, Edinburgh, Scotland, EH8 9RU and whose main trading address is Office 7, 27 Corsham Street, London, N1 6DR.
- Information About Us
2.1 Property Technology LTD is owned and operated by Property Technology Ltd a company registered in Scotland under SC528448, whose registered address is 175 Pleasance, Edinburgh, Scotland, EH8 9RU and whose main trading address is Office 7, 27 Corsham Street, London, N1 6DR.
- Access and Changes to Property Technology LTD
3.1 Access to Property Technology LTD requires a Subscription. Upon purchasing a Subscription, Property Technology LTD will be available to you for the duration of that Subscription and any and all subsequent renewals.
3.2 We may from time to time make changes to Property Technology LTD:
3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Property Technology LTD;
3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Property Technology LTD; and
3.2.3 As detailed on www.Property Technology LTD, We may develop and improve Property Technology LTD over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.3 We will always aim to ensure that Property Technology LTD is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Property Technology LTD. If We need to suspend Property Technology LTD for longer than 1 day, We will add the corresponding time to the duration of your current Subscription period at no cost to you.
4.1 An Account is required to use Property Technology LTD. You may not create an Account if you are under 18 years of age.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.3 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.4 You must not use anyone else’s Account.
4.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 21.
4.6 If you wish to close and delete your Account, you may do so at any time by contacting firstname.lastname@example.org Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable. Closing your Account will also remove any User Content that you have created or uploaded from Our system. To avoid losing anything that you have created or uploaded using Property Technology LTD, please ensure that you request an export of your User Content to your computer or device before closing your Account.
- Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Property Technology LTD) correspond to the actual services that will be provided to you.
5.2 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features in Property Technology LTD. Please ensure that you select the appropriate Subscription when prompted.
5.3 All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased, but may affect renewals of Subscriptions.
5.4 All Subscription prices are checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before processing your purchase to ask you how you wish to proceed. We will not charge you or activate your Subscription until you respond. If We do not receive a response from you within 5 working days, We will treat your purchase as cancelled and notify you accordingly in writing.
5.5 We, as a company, are VAT Registered under the registration number 252 4885 87.
- Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your Order. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Property Technology LTD, website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 Subscription Confirmations contain the following information:
6.3.1 Confirmation of your chosen Subscription including full details of the main characteristics and features of Property Technology LTD available as part of that Subscription;
6.3.2 Fully itemised pricing, including, where appropriate, taxes and other additional charges;
6.3.3 Details of the duration of your Subscription including the start date and the end and/or renewal date;
6.3.4 Our excess storage and transfer fees will also be set out and are noted below.
£10 per month per 10GB after the first 10GB. A monthly fee of £1.50 per enquiry phone line required will be chargeable. In most cases one enquiry phone line is added per office
Text messages sent through the system will be chargeable at £0.04 per message, while calls through the phone system will be charged at £0.035 per minute. Usage fees will automatically be automatically adjusted when taking payment. These are subject to change and you will be notified by email giving 30 days notice if this is to occur.
6.4 If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within 14 days via bank transfer.
6.5 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.
6.6 By purchasing a Subscription, you are expressly requesting that you wish access to Property Technology LTD to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 8.
6.7 In order to initiate the service installation we require a Rightmove Version 3 Property Feed from your management software provider. It is possible that alternate feed types can be accepted, however these need approved in writing. We will send you instructions on how to set this up once we confirm your order. This usually takes 1-3 days for your management software provider to set up. If the information you provide is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.
6.8 If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work. Any additional costs would be advised and agreed in writing prior to being carried out.
Payment for Subscriptions will be set up at the time of purchase via Direct Debit (GOCardless). Your chosen payment method will be billed upon confirmation of your Subscription.
8.1 Non-renewing Subscriptions cannot be cancelled before the initial period.. Auto-renewing Subscriptions can be cancelled at any time, however no refunds can be provided and you will continue to have access to Property Technology LTD for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
8.2 To cancel a Subscription for any reason, please inform us by email at email@example.com;
8.3 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Property Technology LTD in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.4 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to you via Bank Transfer.
8.5 In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
8.5.1 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund.
8.5.2 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to you by Bank Transfer.
- Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Property Technology LTD to manage viewing requests and applications for business purposes, subject to these Terms and Conditions.
9.2 Subject to the licence granted to Us under sub-Clause 12.3, Users share the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
9.3 All other Content included in Property Technology LTD (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.4 By accepting these Terms and Conditions, you hereby undertake:
9.4.1 Not to copy, download or otherwise attempt to acquire any part of Property Technology LTD;
9.4.2 Not to disassemble, decompile or otherwise reverse engineer Property Technology LTD;
9.4.3 Not to allow or facilitate any use of Property Technology LTD that would constitute a breach of these Terms and Conditions; and
9.4.4 Not to embed or otherwise distribute Property Technology LTD on any website, ftp server or similar.
- Links to Property Technology LTD
10.1 You may link to Property Technology LTD is hosted provided that:
10.1.1 You do so in a fair and legal manner;
10.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.1.3 You do not use any of Our logos or trademarks (or any others displayed on Property Technology LTD) without Our express written permission; and
10.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
10.2 You may not link to any page other than the homepage of Property Technology LTD, unless using the sharing features of Property Technology LTD. Deep-linking to other parts of Property Technology LTD requires Our express written permission.
10.3 You may not link to Property Technology LTD from any other website the content of which contains material that:
10.3.1 Is sexually explicit;
10.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
10.3.3 Promotes violence;
10.3.4 Promotes or assists in any form of unlawful activity;
10.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.3.7 Is calculated or is otherwise likely to deceive another person;
10.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
10.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.
10.3.10 Implies any form of affiliation with Us where none exists;
10.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents and database rights) of any other party; or
10.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume nor accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
- User Content
12.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Property Technology LTD. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14.
12.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
12.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Property Technology LTD.
12.4 If you wish to remove User Content, you may do so by emailing us at firstname.lastname@example.org . Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
12.5 We may reject, reclassify, or remove any User Content created or uploaded using Property Technology LTD where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- Intellectual Property Rights and User Content
13.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
13.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
13.3 We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
- Acceptable Usage Policy
14.1 You may only use Property Technology LTD in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:
14.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
14.1.2 You must not use Property Technology LTD in any way, or for any purpose, that is unlawful or fraudulent;
14.1.3 You must not use Property Technology LTD to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
14.1.4 You must not use Property Technology LTD in any way, or for any purpose, that is intended to harm any person or persons in any way.
14.2 The following types of User Content are not permitted on Property Technology LTD and you must not create, submit, communicate or otherwise do anything that:
14.2.1 is sexually explicit;
14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
14.2.3 promotes violence;
14.2.4 promotes or assists in any form of unlawful activity;
14.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
14.2.7 is calculated or otherwise likely to deceive;
14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
14.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
14.2.10 implies any form of affiliation with Us where none exists;
14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
14.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
14.3 We reserve the right to suspend or terminate your Account and/or your access to Property Technology LTD if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
14.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Property Technology LTD;
14.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
14.3.3 Issue you with a written warning;
14.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.3.5 Take further legal action against you as appropriate;
14.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
14.3.7Any other actions which We deem reasonably appropriate (and lawful).
14.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
15.1 We may feature advertising within Property Technology LTD and We reserve the right to display advertising on the same page as any User Content.
15.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
15.3 Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Property Technology LTD including, but not limited to, any errors, inaccuracies, or omissions.
- Problems with Property Technology LTD
16.1 If you have any questions or complaints regarding Property Technology LTD, please email Us at email@example.com or by using any of the methods provided on Our contact page at www.Property Technology LTD
17.1 No part of Property Technology LTD or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
17.2 We make no representation, warranty, or guarantee that Property Technology LTD will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
17.3 We make reasonable efforts to ensure that the content contained within Property Technology LTD is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Property Technology LTD (and the content therein) is complete, accurate or up-to-date.
17.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Property Technology LTD. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
- Our Liability
18.1 We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Property Technology LTD or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Property Technology LTD.
18.2. To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
18.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Property Technology LTD or any Content (including User Content) included in Property Technology LTD.
18.4 To the fullest extent permissible by law, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
18.5 We exercise all reasonable skill and care to ensure that Property Technology LTD is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Property Technology LTD (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
18.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Property Technology LTD resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Viruses, Malware and Security
19.1 We exercise all reasonable skill and care to ensure that Property Technology LTD is secure and free from viruses and other malware. We do not, however, guarantee that Property Technology LTD is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.5.
19.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
19.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Property Technology LTD.
19.4 You must not attempt to gain unauthorised access to any part of Property Technology LTD, the server on which Property Technology LTD is stored, or any other server, computer, or database connected to Property Technology LTD.
19.5 You must not attack Property Technology LTD by means of a denial of service attack, a distributed denial of service attack, or by any other means.
19.6 By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Property Technology LTD will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
- Privacy and Cookies
- Data Protection
21.1 All personal information that We may collect (including, but not limited to, your company name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
21.2 We may use your personal information to:
21.2.1 Reply to any communications that you send to Us;
21.2.2 Send you important notices, as detailed in Clause 22;
21.3 We will not pass your personal information onto any third parties without first obtaining your express permission to do so.
- Communications from Us
22.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Property Technology LTD, and changes to your Account.
22.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time by emailing firstname.lastname@example.org
22.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at email@example.com
- Other Important Terms
23.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
23.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
23.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
23.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
23.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Changes to these Terms and Conditions
24.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Property Technology LTD after the changes have been implemented. You are therefore advised to check this page from time to time.
24.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
- Law and Jurisdiction
26.1 These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scottish law.
26.2 Any dispute or difference arising out of or in connection with these terms and conditions, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English.