PLEASE READ THIS CAREFULLY BEFORE CONTINUING
BEFORE REGISTERING TO USE, ACCESSING, ATTEMPTING TO ACCESS OR USING LANDLORD VISION (“THE SERVICES”), YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. BY REGISTERING TO USE, ACCESSING, ATTEMPTING TO ACCESS OR USING THE SERVICES YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT AND AGREE TO BECOME A LICENSEE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT YOU SHOULD NOT REGISTER TO USE, ACCESS, ATTEMPT TO ACCESS OR USE THE SERVICES.
GRANT OF LICENCE
When you accept the terms and conditions of this Licence Agreement by registering to use Landlord Vision or by accessing, attempting to access or using Landlord Vision (whichever act occurs first so as to provide acceptance), the Landlord Vision Limited (“Licensor”) shall immediately grant you (the “Licensee”) a limited, non-exclusive, non-transferrable licence to use Landlord Vision and any and all accompanying documentation (the “Services”) subject to the terms and conditions of this Licence Agreement. You may not rent, lease, sub-licence, sell, assign, pledge, transfer or otherwise dispose of your rights to access the Services, on a temporary or permanent basis, without the prior written consent of the Licensor.
TERMS AND CONDITIONS
Definitions and Interpretation
In these terms and conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Licensees to access the Services through the Web Site; “Agreement” means the binding agreement that shall come into effect between the Licensee and Licensor following the Licensee’s acceptance of these terms and conditions and which shall incorporate these terms and conditions; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website; “Services” means Landlord Vision (collectively the online facilities, tools, services or information that Licensor makes available through the Website either now or in the future); “Subscription Fee” means the sum of money paid by Licensees at annual intervals to keep their Account active and to enable them to access the Services; “Subscription Period” means the period for which a subscription has been purchased; “Licensee / Licensees” means any third party that accesses the Website and the Services that is not employed by Licensor and acting in the course of their employment; and “Licensor” means the Landlord Vision Limited, 3 Sanderson Close, Great Sankey, Warrington, Cheshire, a company registered in England and Wales No. 8657841; and “Website” means the website on which these terms and conditions appear (http://www.landlordvision.co.uk/) and any sub-domains of that website unless expressly excluded by their own terms and conditions.
Unless the context otherwise requires, each reference in these terms and conditions to:
- “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- a Clause or paragraph is a reference to a Clause of these terms and conditions.
- The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
- Words imparting the singular number shall include the plural and vice versa.
- References to any gender shall include the other gender.
- In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
Provision of Services
- Licensor shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.
- Notwithstanding sub-Clause 2.1, Licensor does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Licensees. By accepting these terms and conditions the Licensee acknowledges that the Services may change in form or nature at any time.
- Licensor shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Licensees.
- Notwithstanding Licensor’s right to perform any of the actions detailed in this Clause without prior notice, Licensor shall use its best and reasonable endeavours to provide such notice whenever possible.
Access to Services
- The Licensee represents and warrants that they have the authority to enter into the Agreement, to use the Services and to perform any and all acts as may be necessary under these terms and conditions.
- If the Licensee is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.
In order to use the Services and to submit or create Content, Licensees are required to
create an Account and to submit certain personal details. By accepting these terms and
conditions the Licensee represents and warrants that:
- any information that is submitted is accurate and truthful;
- all such information will be kept accurate and up-to-date; and
- the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
- If the Licensee has reason to believe that their Account details have been obtained by another without consent, the Licensee should contact the Licensor immediately to suspend their Account and cancel any unauthorised orders or payments that may be pending. Licensees should be aware that orders or payments can only be cancelled up until the point at which the Services are used for the first time through that particular Account. In the event that unauthorised use is made prior to the Licensee notifying Licensor of the unauthorised nature of the order or payment, Licensor will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the Licensee.
- The terms of sub-Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.
- Subject to sub-clauses 4.2 and 4.3, access to the Services and use of the Services is conditional upon payment of subscription fees in accordance with this Clause.
- Licensor shall, subject to sub-clause 4.3, exempt members of the Landlord Vision Limited from the requirement in sub-clause 4.1.
- The exemption described in sub-clause 4.2, including the terms on which it is offered, the types of members or other person it is made available to, and the availability in any individual case, is subject to the absolute discretion of Licensor and any entitlements offered at any particular time may be revoked or amended at any time.
- Subscription charges are payable in advance and commence on the date that the Licensee activates their subscription by registering to use the Services (“Commencement Date”). The Licensee’s bank account will be billed at the time of payment.
- Licensor reserves the right to change Subscription Fees from time to time and any such changes may affect Licensees’ subscription rates.
- If a Licensee terminates their subscription or Account they will continue to have access to the Services for the remainder of the prevailing Subscription Period up until the renewal date whereupon access will cease unless the Licensee chooses to pay the Subscription Fee to reactivate their subscription.
Use of Services
Licensees are permitted to use the Services only in accordance with:
- these terms and conditions; and
- any relevant law, regulation or other applicable instrument in their particular jurisdiction.
- Subject to any express agreement to the contrary, Licensees may only access the Services through the normal means provided by Licensor. Licensees shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.
- The restrictions set out in sub-Clause 5.2 shall not apply to Content submitted or created by a particular Licensee where that Licensee is downloading their Content, nor to any other Content that a Licensee may have permission to access.
- Licensees may not engage in any conduct that may disrupt provision of the Services by Licensor.
- Subject to any express agreement to the contrary, Licensees may not reproduce, copy, duplicate, trade or resell the Services.
- Licensees’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Licensor’s discretion.
- Licensees are permitted to use the Services only in accordance with:
- Subject to the exceptions in Clause 7 of these terms and conditions, all Content included on the Website, unless submitted or created by Licensees, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Licensor, our affiliates or other relevant third parties. By accepting these terms and conditions the Licensee acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 9 Licensees may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Licensor.
Third Party Intellectual Property
Where expressly indicated, certain Content, such as advertising material and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the Licensor and any separate use policy that may be relevant.
Licensee Content and Intellectual Property
When using the Services to create Content, Licensees should do so in accordance with the
- Licensees must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory or fraudulent;
- Licensees must not submit Content that is intended to promote or incite violence;
- Licensees must not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
- Licensees must not post links to other websites containing any of the above types of Content;
- Licensees must not impersonate other people, particularly employees and representatives of Licensor or our affiliates;
- Licensees must not use the Services for unauthorised mass-communication such as “spam” or “junk mail”.
- Licensor has the right, but not the obligation to pre or post-screen Content submitted or created by Licensees and may flag or filter any Content that it deems appropriate.
- If any Content is found to be in breach of these terms and conditions, Licensor reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible Licensee’s access to the Services.
- Licensees acknowledge that they may be exposed to Content that they may find offensive. If a Licensee believes that such Content is in violation of these terms and conditions, it should be reported to Licensor.
- Licensees are solely responsible for any and all Content that they submit or create. Licensor does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content.
- Subject to sub-Clause 8.4, Licensees use the Services at their own risk.
- By submitting or creating Content Licensees warrant and represent that they are the author of such Content and / or that they have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Licensor accepts no responsibility or liability for any infringement of third party rights by such Content. Further, Licensees waive all moral rights in any and all Content that they submit or create to be named as its author. Licensor accepts no responsibility or liability for any infringement of third party rights by such Content.
- By accepting these terms and conditions, the Licensee grants a non-exclusive, worldwide, perpetual licence to Licensor to copy, distribute, transmit, publicly display, publicly perform, transmit and reformat all Content for the purpose of providing the Services.
- The Licensee represents and warrants that they have all necessary rights, power and authority to grant the licence described in sub-Clause 8.8.
- When using the Services to create Content, Licensees should do so in accordance with the following rules:
Fair Use of Intellectual Property
Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.
Support Services and Maintenance
- Licensor shall be responsible for all maintenance and upgrades to the Services which may from time to time be required.
- Licensor shall provide support services during its normal business hours by such means as it chooses in its absolute discretion.
- When seeking support the Licensee shall use its best and reasonable endeavours to provide the fullest information possible to aid the Service Provider in diagnosing any faults.
- In order to provide support services or to carry out maintenance, Licensor, or persons appointed by Licensor for this purpose, may require access to the individual Account software of Licensees and may need to examine particular Content, the Licensee hereby consents to such access.
Links to Other Websites
This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Licensor or that of our affiliates. Licensor assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.
Links to this Website
Licensees wishing to place a link to this Website on another website may do so only to our home page in the absence of any prior permission. Deep linking (i.e. links to specific pages within the Website) requires the express permission of Licensor. To find out more Licensees should contact Licensor.
Disclaimer of Warranties
- The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
- Licensor makes no warranty or representation that the Website or the Services will meet Licensees’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
- Licensor shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Licensor makes no warranty or representation that this will always be the case. Licensor makes no guarantee of any specific results from the use of the Website or the Services.
- No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind.
- Any information that forms part of the Website or the Services is not designed with commercial purposes in mind. Licensor makes no representation or warranty that the Website or the Services or any Content therein is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- Whilst every effort has been made to ensure that all descriptions of Services available from Licensor correspond to the actual services available, Licensor is not responsible for any variations from these descriptions.
- The contractual rights which the Licensee enjoys by virtue of the Sale of Goods Act, 1893 (as amended) and Section 39 of the Sale of Goods Act, 1980 are in no way prejudiced by anything contained in this Agreement save to the extent permitted by law.
- The rights which the Licensee enjoys by virtue of the European Union Regulations are in no way prejudiced by anything contained in this Agreement, save to the extent permitted by law.
Availability of the Website and the Services
- The Website and the Services are provided “as is” and on an “as available” basis. Licensor gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Licensor provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Licensor accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
- Licensor’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these terms and conditions shall be limited to the value of the Licensee’s subscription prevailing at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, Licensor accepts no liability. Licensees should be aware that they use the Website, the Services and all relevant Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Licensor’s liability for death or personal injury resulting from any negligence or fraud on the part of Licensor.
- All information, data, specifications, documentation, software listings, source code or object code which the Licensor may have imparted and may from time to time impart to the Licensee relating to the Content shall be presumed to be proprietary and confidential. The Licensee shall use the same solely in accordance with the provisions of this Agreement and shall not at any time during or following termination of this Agreement disclose the same, whether directly or indirectly, to any third party without the Licensor's prior written consent.
- The Licensee shall procure that any third parties to whom confidential information is provided hereunder or who in any way may have access to the Content or to confidential information shall not disclose the same to any third parties and that such persons shall, if required by the Licensor, enter into confidentiality agreements with the Licensor on such terms as the Licensor may require.
- Neither party will be liable to the other for any delay or failure to perform its obligations under this Agreement or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control of such party including but not limited to labour disputes, strikes, other labour or industrial disturbances, acts of God, floods, lightening, shortages of materials, rationing, utility or communication failures, power cuts, vandalism, sabotage, earthquakes, casualty, war, acts of public enemy, riots, insurrection, embargoes, blockages, actions, restrictions, regulations or orders of any government agency or sub-division thereof.
Term and Termination
- The term of the Agreement shall commence upon the Licensee’s acceptance of these terms and conditions and shall continue until terminated either by the Licensee or by Licensor in accordance with this Clause 16.
If a Licensee wishes to terminate the Agreement they may do so by:
- Closing their Account; or
- Informing Licensor in writing that they wish to terminate this Agreement.
Licensor reserves the right to terminate the Agreement, a Licensee’s Account and a
Licensee’s access to the Services at any time for the following reasons:
- The Licensee has committed a material breach of these terms and conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the Licensee fails to remedy the breach within 14 days after a written notice to do so;
- The Licensee has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these terms and conditions;
- Licensor is required to do so by law;
- It has become, in the opinion of Licensor, its affiliates or advisers, no longer commercially viable to continue providing the Services;
- Licensor is no longer providing the Services in the Licensee’s country of residence;
- If Licensor terminates a Licensee’s Account as a result of the Licensee’s breach of these terms and conditions the Licensee will not be entitled to any refund.
- If Licensor terminates a Licensee’s Account or subscription for any other reason, the Licensee may be refunded any remaining balance of their Subscription Fee in Licensor’s absolute discretion. Such a refund, if provided, will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
- In the event that Licensor terminates a Licensee’s Account or subscription, the Licensee will cease to have access to the Services from the date of termination.
- If the Licensee terminates their Account or subscription, they will continue to have access to the Services for the remainder of the prevailing Subscription Period, termination becoming effective at the end of that Subscription Period.
- In the event that the Agreement is terminated, the Licensee’s Account will be closed and their access to the Services suspended in accordance with sub-Clauses 17.6 and 17.7. Any Content that the Licensee has submitted or created will become inaccessible to all Licensees from the date on which the Services become inaccessible, however copies may be retained by Licensor as part of standard backup procedures.
- Upon termination of the Agreement, the Licensee shall cease to be bound by all obligations set out in these terms and conditions with the exception of those expressly stated to survive the termination of the Agreement.
- The rights to terminate this Agreement given by this Clause 19 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
In the event that either the Licensee or Licensor fails to exercise any right or remedy contained in these terms and conditions, this shall not be construed as a waiver of that right or remedy.
Licensees may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of Licensor, such consent not to be unreasonably withheld.
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
These terms and conditions embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the Licensee nor Licensor shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms and conditions, save for any representation made fraudulently.
All notices / communications shall be sent to and by Licensor either by post to our premises at Licensor, 3 Sanderson Close, Great Sankey, Warrington, Cheshire, WA5 3LN or by email to . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
- These terms and conditions, the Agreement and all other aspects of the relationship between the Licensee and Licensor shall be governed by and construed in accordance with the Laws of England and Wales.
- Any dispute between the Licensee and Licensor relating to these terms and conditions, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.