PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS APP

 

Terms and Conditions – 30 Day Free Trial

This offer (the “New 30-Days Free Trial Offer”), which is made to you by My Total Property Limited (as defined in the My Total Property Limited Terms and Conditions of Use), entitles you access to the My Total Property Limited Premium Service (as defined in the My Total Property Terms and Conditions of Use) for a period of thirty (30) days from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the New 30-Days Free Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to My Total Property Limited Terms and Conditions of Use. If you decide that you do not want to become a paying user of the My Total Property Limited Premium Service upon the lapse of the Free Trial Period, you have to terminate your Premium Service by the end of the Free Trial Period. You may only use this Free Trial Offer once. My Total Property Limited reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the My Total Property New 30-Days Free Trial Terms and Conditions at any time without prior notice and with no liability.


These terms and conditions of licence (“Licence”) constitute a legal agreement between you (“You”) and My Total Property Limited, a company registered in England and Wales under company number 08695986 and whose registered office is at Suite C3 Coveham House, Downside Bridge Road, Cobham, Surrey KT11 3EP (“Us” or “We”) for:

 

·         The My Total Property mobile application software Version 1.0 App”); and

·         electronic documents and tools (“Documents”).

 

We licence use of the App and Documents to You on the basis of these terms and conditions and subject to any rules or policies applied by any appstore provider or operator from whose site, located at www.store.apple.com and www.play.google.comAppstores”) You downloaded the App (“Appstore Rules”). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

 

Operating System Requirements

 

This App requires an iOS, Android and Tablet  device with a minimum of 8.0 MB of memory. Internet access and the iOS. 6.0 and later and Android 4.03.3 and later operating system.

 

Important Notice:

 

·         By downloading the App from this website or clicking on the “Accept” button below You agree to these terms and conditions of licence which will bind You. The terms of this licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.

·         If You do not agree to the terms of this licence, We will not license the App and Documents to You and You must stop the downloading process now by clicking on the “Cancel” button below. In this case the downloading process will terminate.

·         As a consumer, You have the right to withdraw from Your transaction without charge and without any reason before downloading the App and Documents.

·         However, You will lose the right to cancel the transaction once you begin to download the App or Documents.

·         This does not affect Your consumer rights for an app or documents that are defective.

You should print a copy of this licence for future reference.

 

OPERATIVE PROVISIONS

1.               Acknowledgements

1.1            The terms of this Licence apply to the App or any of the tools or services accessible through the App (“Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this licence.

1.2            We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the Services.

1.3            From time to time updates to the App may be issued through the Appstore.  Depending on the update, You may not be able to use the Services until You have downloaded or streamed the latest version of the App and accepted any new terms.

1.4            You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by You and described in condition 2.2.1Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by Your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this licence for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5            The terms of Our privacy policy from time to time, available at www.mytotalproperty.co.ukPrivacy Policy”) are incorporated into this licence by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the App or any Service, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6            By using the App or any of the Services, You consent to Us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve Our products and to provide any Services to You.

1.7            The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under Our control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding Your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.8            Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2.               Grant and Scope of Licence

2.1            In consideration of You agreeing to abide by the terms of this licence, We grant You a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this licence by reference. We reserve all other rights.

2.2            You may:

2.2.1        download or stream a copy of the App to view, use and display the App on the Devices for Your personal purposes only; and

2.2.2        use the Documents for Your personal purposes only.

3.               Licence Restrictions

Except as expressly set out in this licence, You agree:

3.1.1        not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.1.2        not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

3.1.3        not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.1.4        not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by You during such activities:

3.1.4.1        is used only for the purpose of achieving inter-operability of the App with another software program;

3.1.4.2        is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and

3.1.4.3        is not used to create any software that is substantially similar to the App;

3.1.5        to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

3.1.6        to include Our copyright notice on all entire and partial copies You make of the App on any medium;

3.1.7        not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.1.8        to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”),

together Licence Restrictions.

4.               Acceptable Use Restrictions

You must:

4.1.1        be at least 18 years old to assume the obligations set out in these terms and conditions of Licence and to use the Services; 

4.1.2        not provide access to the Services to anyone under the age of 18;

4.1.3        use the App and Services in respect of properties located in any jurisdicuation.  However, the Assured Shorthold Tenancy is for properties in England and Wales only.  Your use of the Assured Shorthold  Tenancy in any other jurisdiction is solely at Your own risk;

4.1.4        not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

4.1.5        not infringe Our intellectual property rights or those of any third party in relation to Your use of the App or any Service (to the extent that such use is not licensed by this licence);

4.1.6        not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service;

4.1.7        not use the App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and

4.1.8        not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.

5.               Subscription Services

5.1            If you wish to upgrade your account to receive access to Our full range of Services, you will need to subscribe to the My Total Property App for an annual subscription fee (“Subscription Fee”).  After payment of the Subscription Fee you will become a subscribing customer (“Subscribing Customer”) and your subscription to the App will continue for an initial term of 1 year unless you choose to cancel prior to the expiry of the 1 year period or your access to the Services is cancelled, terminated, or discontinued by us. You will receive a notification that Your subscription to the App is due to expire prior to the end of the 1 year period and will need to renew Your subscription upon expiry.

6.               Intellectual Property Rights

6.1            You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to Us or Our licensors, that rights in the App are licensed (not sold) to You, and that You have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this licence.

6.2            You acknowledge that you have no right to have access to the App in source-code form.

7.               Limitation of Liability

7.1            You acknowledge that the App has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the App as described in the Documents meet Your requirements.

7.2            With the exception of the Assured Shorthold Tenancy which is available to download only for private consumers, the App may be used commercially but We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3            We are only responsible for loss or damage You suffer that is a foreseeable result of Our breach of this licence or Our negligence up to the limit specified in condition 6.4, but We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if they were contemplated by you and us at the time We granted you the licence.

7.4            Our maximum aggregate liability under or in connection with this licence (including Your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total subscription fee paid by you for the one year period preceding the event in question. This does not apply to the types of loss set out in condition 6.5.

7.5            We will not be liable to you for any losses You suffer or costs you incur because:

(a)     You are unable to access or use the App for any reason or there is a delay in its   use;

(b)     any device, hardware or software you use in connection with the App is damaged            or corrupted or fails to work;

(c)     the App does not work as you expect, does not meet your requirements or contains          errors or defects or we fail to correct these;

(d)     You did not receive any SMS notifications in a timely manner; or

(e)     there is a reduced level or failure to provide any service caused by any third party            service providers including software providers and mobile operators.

7.6            Nothing in this licence shall limit or exclude Our liability for:

7.6.1        death or personal injury resulting from Our negligence;

7.6.2        fraud or fraudulent misrepresentation; and

7.6.3        any other liability that cannot be excluded or limited by English law.

8.               Termination

8.1            We may terminate this licence immediately by written notice to You:

8.1.1        if You commit a material or persistent breach of this licence which You fail to remedy (if remediable) within 14 days after the service of written notice requiring You to do so;

8.1.2        if You breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

8.1.3        if You are a Subscription Customer and You fail to pay the subscription fee.

8.2            On termination for any reason:

8.2.1        all rights granted to You under this licence shall cease;

8.2.2        You must immediately cease all activities authorised by this licence, including Your use of any Services;

8.2.3        You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in Your possession, custody or control and certify to us that You have done so; and

8.2.4        We may remotely access the Devices and remove the App from all of them and cease providing You with access to the Services and the Appstore.

9.               Cancellation of Services

9.1            If you are a Subscribing Customer, you may cancel your subscription at any time. Your cancellation will be effective on the expiry of the then current term. For the avoidance of doubt you will not be entitled to any refund on cancellation of Your subscription. Apple iOS subscriptions can be cancelled via the Manage App Subscriptions section of the iOS device App Store. You will need your Apple ID and Password for the account that the App was originally downloaded on. Further information on the Apple support Page. Google Play subscriptions can be cancelled through the Google Wallet Pages where you can also manage your payment method for Google play. Further Information on is available on Google Plays Support Page.

10.            How the Subscription Contract is Formed between You and Us

10.1          After you have downloaded the App you can complete an application to subscribe to access the full range of Services.  Completing the registration application does not mean that your application to subscribe has been accepted.  Our acceptance of your application will take place as described in clause 10.2.

10.2         We will confirm our acceptance to you by sending you an e-mail that confirms your user name and password and requires you to confirm acceptance of your subscription.  The Contract between us will only be formed when we send you subscription confirmation.

11.            Communication Between Us

11.1         If You wish to contact Us in writing, or if any condition in this licence requires You to give Us notice in writing, You can send this to Us by e-mail at  enquiries@mytotalproperty.co.uk. We will confirm receipt of this by contacting You in writing, normally by e-mail.

11.2         If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in Your request for the App.

12.            Events Outside Our Control

12.1         We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this licence that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

12.2         If an Event Outside Our Control takes place that affects the performance of Our obligations under this licence:

12.2.1      Our obligations under this licence will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and

12.2.2      We will use Our reasonable endeavours to find a solution by which Our obligations under this licence may be performed despite the Event Outside Our Control.

13.            Other  Important Terms

13.1         We do not guarantee continuous, uninterrupted or secure access to the Services and we are not responsible for any interruptions that may occur from time to time.  In addition we may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Services and/or our systems from time to time.

13.2         We may transfer Our rights and obligations under this licence to another organisation, but this will not affect Your rights or Our obligations under this licence.

13.3         You may only transfer Your rights or obligations under this licence to another person if We agree in writing.

13.4         If We fail to insist that You perform any of Your obligations under this licence, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

13.5         Each of the conditions of this licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

14.            Our Right to Vary This Licence

14.1         We may revise the terms and conditions of this Licence from time to time in the following circumstances:

14.1.1      If You are a Subscription Customer, to reflect changes in how we accept payment from You;

14.1.2      to reflect changes in relevant laws and regulatory requirements; and

14.1.3       in any other way that is reasonable and legally enforceable.

14.2         We will change the terms and conditions at any time by notifying You by SMS or email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

14.3         From time to time updates to the App may be issued via the Apple App Store or Google Play or other application stores the App is available from. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

14.4         Governing Law and Jurisdiction

14.5         Please note that this licence, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction.

15.            Data Protection

15.1         We reserve the right to gather information relating to use of the App. By using the App You consent to collection and use of this information by Us in accordance with our Privacy Policy.

Please tick here if You do not want us to use Your personal data to contact You by electronic means (e-mail or SMS) with information about products and services similar to those which were the subject of a previous sale or negotiations of a sale to You.