Terms Of Service

Terms & Conditions

The MyPropertyApp website www.mypropertyapp.co.uk ("the Site") is owned and operated by MyPropertyApp ("the Supplier").

The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the MPA Entities”). The Supplier and the MPA Entities provide the Site so that customers are able to enter their own data relating to the property enabling the provision of a data and information transaction report by the Supplier or alternatively by uploading photographs relating to the property on to the Site so as to allow the Supplier to facilitate the provision of a data and information transaction report to the customer.

For the purposes of these T&Cs, property means one single real property added by you or as deemed by the Supplier in our absolute discretion from time to time (which is subject to change) and excludes more than one property (including but not limited to residential property, commercial property or industrial property).

The following terms and conditions will apply to any use of the Site by the customer. The customer further acknowledges that specific terms and conditions may also apply to individual pages, transactions and/or services on the Site. By using, browsing and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use, browse or access the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers or the MPA Entities’ liability to you. You further agree that you will not use the Site for any unlawful purpose.


Revisions to T&C’s

The Supplier may revise or amend these T&C’s at any time in its absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s will remain in full force and effect. Any revisions will be effective immediately and by your continued use of the Site, you agree to the T&C’s as amended. If you do not agree to the new posted T&C’s, you agree that your only remedy is to discontinue your use of the Site.

Whist the Supplier and the MPA Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by The Supplier on the Site, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.


Site content, ownership, and use restrictions

The material on the Site is protected by copyright under the laws of the United Kingdom and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as “the Contents”) are owned or controlled, and are reserved by the Supplier and the MPA Entities.

The display of the Contents is not intended to be a comprehensive compilation of all of the Supplier’s worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of United Kingdom. All rights not expressly granted are reserved.


Advertising & Links to Third Party Websites

This Site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or the MPA Entities nor is the Supplier or the MPA Entities responsible for the contents of any such information or website. The Supplier and/or the MPA Entities provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier and/or the MPA Entities. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

You further agree that the personal data you choose to give to unrelated third parties is not covered by the Supplier’s privacy policy and you are encouraged to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with the Supplier and/or the MPA Entities and you acknowledge any such sharing is governed by that third party company’s privacy policy.


Personal, non-commercial use

You are only permitted to use the Site for personal purposes, not commercial purposes, as determined by us in our absolute discretion from time to time.

Subject to our Fair Use Policy, you are permitted to enter data relating to the property onto the Site to enable the Site to provide a data and information transaction report relating to the property. We do not warrant that the use of the service will be uninterrupted or error free.

Subject to our Fair Use Policy, in the alternative, you may arrange for photographs of receipts or bills relating to the property (Photographs) to be: uploaded on to the Site using the Supplier's mobile phone applications specified by the Supplier from time to time which is subject to change; or emailed to a mailbox specified by the Supplier from time to time which is subject to change

So as to allow the Supplier to facilitate the provision of the data and information transaction report to you relating to the property. All Photographs uploaded must be in Image format only and no other types or formats will be accepted. The Supplier will not accept files larger than 5 MB.

The Supplier reservers the right to not accept more than 5 images per property uploaded per calendar month.

The Supplier reserves the right to reject any images that does not confirm to the rules above, or is deemed inappropriate. Inappropriate images can include illegible, incorrect format, corrupted, inappropriate, incomplete, illegal or images not relating to the property. Users may be sent a written email with any rejected images, and the reasons for the rejection.

All data that you enter on to the Site or any Photographs that you upload or email to the Supplier must be current data relating to the property and relates to the period during your ability to use this Site (which is the period covered by your subscription).

The Fair Use Policy is intended to ensure that you do not use our services in an excessive, unreasonable or fraudulent manner. Such usage may impact the quality or reliability of the Supplier services. If your use the Site results in additional or excessive work for the Supplier's staff (as determined by the Supplier in its absolute discretion), such use will be deemed a breach of this Fair Use Policy.

Your use of the Site is strictly subject to non-modification of the Site.

You must not, without our prior written permission, exploit any of the Site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s or as determined by us in our absolute discretion.

We encourage you to carefully read the Suppliers privacy policy ("the Privacy Policy"). You agree, and unless other consents or notices are required by law, that using, browsing and/or accessing the pages or services in the Site, that you will be bound by the terms of the Privacy Policy and to the use of such personal information and any submissions by the Supplier and/or the MPA Entities in accordance with the Privacy Policy. You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Site. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.


Prohibited conduct

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the Site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on the Site or otherwise used by the Supplier may be used without the Supplier’s prior, specific, written permission or that of the trademark owner.

The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the MPA Entities. The Supplier and/or the MPA Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.


License to use

We only use the information you provide (properties, strategies, etc) to help us improve and support our Services as well as improve your experience. Here’s how:

How do we use the information you supply?

Provide, improve and develop Services. We are able to deliver and improve our Services by using this information to understand how you use and interact with our Services, allowing us to better improve it and add on additional features.

Communicate with you. We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Promote safety and security. We will use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account.

How we will NOT use the information you supply!

We will never use any property / strategy information, notes or photos, or anything you provide in terms of using the Service for our own gains (ie. investment research purposes, or any otherwise).

We will never provide this data to any third parties.


User conduct

You must not upload, post, transmit or otherwise make available through the Site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits the Supplier and/or any other user from using the Site; - affects the functionality or operation of the Site or the Supplier servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.


Indemnity

You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of the Site, your breach of these T&C’s or your breach of any rights of third parties. Services provided on the Site may vary between the Supplier, the MPA Entities and those found on other third party websites.


Provision of Services by the Supplier

Access is via your username / email and password, which is personal to you. You must therefore not allow your username / email and password to be used by anyone else, and must not assist or permit any individual who is not a registered user to gain access to any part of the Site. You can change your password at any time within the 'Your Settings' page.

By registering in the manner described in the Site you agree to purchase a particular product or service for the price (including other charges) specified on the Site which is payable in advance. The Supplier may agree to offer a discount to a customer for the price of the provision of services at a rate set by the Supplier (in its absolute discretion) where a customer intends to make payment for the provision of services by the Supplier for a period of at least 12 months in advance. You acknowledge that, by registering your details on the Site, you are agreeing to pay for the service/s offered on the Site and chosen by you.

Once a customer has registered, it will be the customer’s responsibility to contact the Supplier to determine whether or not the provision of the service can be cancelled. The decision as to whether or not the provision of the service will be cancelled is solely at the discretion of the Supplier. In the event the Supplier agrees to cancel the provision of the service/s the customer agrees to forfeit any money paid to the Supplier for the provision of the service.

The Supplier will provide the service in accordance with these T&C’s. From time to time, the Supplier may provide software to the customer for use in conjunction with the Site (“the Software”). You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of the Software. The Supplier reserves the right to update, amend, alter and maintain the software and the MPA service, at any time in its absolute discretion and without notice to you.

You agree with the Supplier that all material on the Site is intended as general information only. You also acknowledge that no information is provided to you on an exclusive basis. Furthermore, the Supplier (acting in its absolute discretion) reserves the right to provide information and leads on the same properties to third parties.

The Supplier will use its best endeavours to ensure that the MPA system is kept secure, with backup, encryption, firewalls and other measures in accordance with prevailing industry standards from time to time. Notwithstanding this, you acknowledge that the MPA service is offered on a ‘good faith’ basis, and that your use is subject to the terms set out in the T&C’s.

You further agree that the Supplier may change the prices published on the Site at any time. While every effort has been made to ensure the accuracy of prices, images and information displayed on the Site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any service, an error in the price, image or the product description posted on the Site. We may require additional verification or information before agreeing to register you for the Site.

The Supplier discloses and the customer expressly agrees that the services offered by the Supplier on the Site is for the provision of a data and information transaction reports only and any information and/or material disclosed on the Site is not to be construed as taxation or financial advice including the completion of a tax return for the customer by the Supplier.

You will be permitted to retain single reproductions of content for your personal use.

The Supplier reserves the right to terminate the provision of a service/s provided to you by the Supplier, effective immediately, without first notifying you in advance should you not operate your account in line with the T&C's.


User Responsibilities and Obligations

You agree to provide the Supplier with your contact details and further agree to immediately notify the Supplier in writing of any changes to your contact details.

The Supplier discloses and you agree that the Supplier relies on the accuracy and completeness of the data provided by you and you further agree with the Supplier that you will be responsible for ensuring that all information or data entered by you on the Site is accurate and complete. Your failure to enter accurate and complete information and data may adversely impact the reports and calculations produced by the Supplier.

The Supplier will not be responsible for providing and maintaining a functioning computer, adequate backup services and a secure internet connection to enable you to access, browse and use the Site. Any firewall maintained by you must also be configured to communicate with the Site.


Prices and Payment

All prices are, currently, inclusive of VAT unless otherwise specified.

If you are a new customer you may receive a ‘free trial’ as part of your Subscription. When the free trial period finishes your Subscription will automatically continue at the price quoted on the Site during the sign-up process, unless you cancel in accordance with the instructions set out below before the end of the trial period.

You agree to pay the price at the rate notified to you at the time you take out your Subscription. We may modify the price of any Subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

In addition to the Subscription fees due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Service or using the services available on it. For example, your mobile network operator may charge you for data or roaming services.

If we discover an error in the prices listed on the Site, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled.

Where MPA services are purchased on a subscription basis, payments will be made automatically in advance by credit / debit card only and in accordance with the terms of the relevant financial institution. Fees will be charged on a monthly basis and in advance. Payments will be deducted automatically from your supplied credit / debit card on the due date. Failure to make payment on the due date (due to any decline reason from your card company) may result in restrictions being placed on your account until the outstanding amount is paid in full.

The Supplier reserves the right to terminate the provision of a service/s provided to you by the Supplier, effective immediately, without first notifying you in advance should you not pay the fee by the due date.


Renewals and Cancellations

Your Subscription will automatically renew for the same Subscription period (e.g. weekly/monthly/annually). Upon renewal, we will charge the current Subscription price using the same card or other payment method that you previously used.

If you took a Subscription with a ‘free trial’, you may cancel the Subscription at any time before the trial period expires. Unless you cancel prior to the end of the free trial period, your Subscription will automatically continue as a paid-for Subscription.

You agree that your Subscription will begin immediately.

You agree that, unless you cancel your account before the end of the 'free trial' period, our Subscription will automatically renew for the same Subscription period (e.g. weekly/monthly/annually). Upon renewal, we will charge the current Subscription price using the same card or other payment method that you previously used.

You may cancel your Subscription at any time. Your account will remain active until the next payment date and no further payments will be taken.

There are no refunds for unused parts of your Subscription, under any circumstances.

Cancellation of subscription

Once a customer has registered, it will be the customer’s responsibility to contact the Supplier to determine whether or not the provision of the service can be cancelled. The decision as to whether or not the provision of the service will be cancelled is solely at the discretion of the Supplier. In the event the Supplier agrees to cancel the provision of the service/s the customer agrees to forfeit any money paid to the Supplier for the provision of the service.

Customers can cancel their account by going to https://www.mypropertyapp.co.uk/account/cancel or inform the Administrator of your intent to cancel be emailing help@mypropertyapp.co.uk.

Once cancelled, your account will remain active until your subsciption period has ended, i.e. if you've already paid from the 1st January to the 1st February, your account will remain active until the 1st February and no further invoices will be issues and no more payments will be taken.

You are able to re-activate your account at any time by logging in to your suspended account whereby you will be asked to enter new payment details.

There are no refunds for unused parts of your Subscription, under any circumstances.

How to cancel

Customers can cancel their account by going to https://www.mypropertyapp.co.uk/account/cancel or inform the Administrator of your intent to cancel be emailing help@mypropertyapp.co.uk.


Limitation of liability

Our total liability to you (if any) in connection with the Site, or with these T&C’s or any goods or services supplied under them, will be limited to your discontinued use of the Site. To the maximum extent permitted by any applicable law, the Supplier, the MPA Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Supplier and/or the MPA Entities exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind and/or situate, that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site (including your use of reports provided to you by the Supplier), any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site or for any error by you or the Supplier or any data not being entered into by the Supplier.

The Supplier does not provide any promise, warranty or undertaking as to any benefit/s which may accrue and or arise (including profitability, revenue or other benefits) from your use of the Site. The information provided by the Supplier is general in nature and does not take in to account your individual objectives, financial situation/position or needs. It is your responsibility to adequately consider the appropriateness of the information in the light of your own objectives, financial situation/position and needs. You warrant to the Supplier that you will obtain all and any relevant legal, financial and other relevant professional advice before making any investment decisions.

The Supplier discloses and you agree that the Site is not a substitute for proper legal, financial and other relevant professional advice.

The Supplier discloses that it does not hold any financial services licence and does not provide any financial advice. You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with any liability or loss arising from your reliance on the information provided to you by the Supplier.

Nothing in these T&C’s shall limit or exclude the Suppliers or the MPA Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the MPA Entities liability shall be limited by the maximum extent permitted by law.


Disclaimer of warranty

The Supplier is providing the Site and the Supplier information, contents, materials and services on an 'as is' basis and use of the Site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained or provided on the Site (including in relation to any products or provision of services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained or provided on this Site (including in relation to any products or provision of services). To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.


IP Protocol Addresses and Web Logs

The Site's web servers may automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.


Marketing Material

By registering on the Site, you are deemed to have provided us and the related MPA Entities with your express consent to receive direct commercial messages, by email or any other media that the Supplier or the related MPA Entities consider relevant to the purchase, sale, rental or other dealings with real property.

Should you no longer wish to receive such commercial messages, you will be able to un-subscribe by clicking on the ‘unsubscribe’ link at the bottom of the message received.


No Assignment and Waiver

You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.

The Supplier and/or the MPA Entities failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.


Applicable Law, Jurisdiction and Severability

Access to and use of the Site and these T&C’s are governed by the laws of the United Kingdom without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these T&C’s shall be in the jurisdiction of the courts of the United Kingdom. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.

If any provision of these T&C’s or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these T&C’s and the application of such provisions to other persons or circumstances shall not be affected.

To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.


Headings

You agree that the headings used in these T&C’s are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these T&C’s.


Complete Understanding

You warrant and agree with the Supplier that these T&C’s and privacy policy, constitute the entire understanding between the Supplier, the MPA Entities and you with respect to your use of the Site, including, but not limited to, all services and/or products offered through the Site.


Contacting Us

For more information, or if you have any questions about these T&C’s, please contact us at:

By Post: MyPropertyApp, 28 The Gateways, Bradford, West Yorkshire, United Kingdom, BD12 8DG

Or

By email: admin (at) mypropertyapp (dot) co (dot) uk

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