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PLEASE READ CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THIS PLATFORM.
This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and Propierge Limited, a company registered in England under company number 09728333 with a registered office address at 4th Floor, The Anchorage, 34 Bridge Street, Reading, RG1 2LU England (“us” or “we”). This EULA governs your access to and use of (i) the Propierge website at www.propierge.com, (ii) the Propierge platform mobile application and (ii) the Propierge web-based application, and any data supplied with the foregoing (“Platform”).
We license use of the Platform to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site the you downloaded the Platform (“Appstore Rules”). We will remain the owners of the Platform at all times.
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1.1 The terms of this EULA apply to your use of the Platform and any of the services accessible through the Platform (“Services”) including any updates or supplements to the Platform or any Service. Where you are employed by a property manager or property owner who has purchased a subscription to use the Platform and authorised You to access the Services (i.e. a “Subscriber”), then the terms of the subscription agreement between us and the Subscriber for use of the Platform (“Subscription Agreement”) will take priority in the event of any conflict with the terms of this EULA. If any open-source software is included in the Platform or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you details of the change or notifying you of the change when you next start the Platform. The new terms may be displayed on-screen and by continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. 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 Platform 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 Platform 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 paragraph A above (“Device(s)”) and to download or stream a copy of the Platform onto the Devices. You and/or they may be charged by service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Platform or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the Platform 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 and/or the Subscriber.
1.7 Certain Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Platform on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based features. You may withdraw this consent at any time by turning off the location services settings on your Device.
1.8 The Platform 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.
2.1 We are the owner or licensee of all intellectual property rights (including copyright, trademarks, and database rights) in and to our Service and Platform. The contents of our Platform including its “look and feel” are protected by copyright laws and treaties around the world. All such rights are reserved by us.
2.2 You must not use the Platform, or use any part of the content on the Platform for commercial purposes other than as expressly agreed by us.
2.4 You may download or stream a copy of the Platform onto any number of Devices and to view, use and display the Platform on the Devices for purposes described at www.propierge.com.
2.5 You acknowledge that you will lose your right of withdrawal once the download or streaming of the digital content has begun.
3.1 If you upload content to the Platform (“Content”), you will be solely responsible for that Content.
3.2 You agree not to submit any Content to the Platform that:
3.2.1 infringes any intellectual property rights;
3.2.2 is in breach of confidence or privacy;
3.2.3 is false, misleading, defamatory, discriminatory, threatening or offensive;
3.2.4 is likely to cause someone anxiety or distress;
3.2.5 encourages violence or racial or religious hatred;
3.2.6 encourages or teaches conduct that is a criminal offence;
3.2.7 gives rise to civil liability; or
3.2.8 is otherwise unlawful.
3.3 Any Content you upload to the Platform will be considered non-confidential. You retain all of your ownership rights in your Content, but by uploading content to the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable licence to use, copy, display and store Content you submit and to edit, modify, and prepare derivative works of, or incorporate into other works, such Content, and grant and authorise sublicenses of the foregoing to third parties.
3.4 For example purposes only, we may:
3.4.1 use, modify, display, distribute and create new material using Content to provide the Service to you, including displaying directly targeted ads to you;
3.4.2 analyse Content to provide information about third party products or services that you might find interesting; and
3.4.3 use the Content to create and analyse aggregated data about you, provided that you are not identifiable from the aggregated data
3.5 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Platform. We reserve our right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
3.6 We reserve the right to remove any Content you post on the Platform if, in our opinion, your post does not comply with the terms of this EULA.
3.7 The views expressed by other users on the Platform do not represent our views or values.
Except as expressly set out in this EULA or as permitted by any applicable law, you agree to the following licence restrictions (“Licence Restrictions”):
4.1 not to copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
4.3 not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of sections 50B and 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 Platform with another software program, and provided that the information obtained by you during such activities:
4.4.1 is used only for the purpose of achieving inter-operability of the Platform with another software program;
4.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
4.4.3 is not used to create any software that is substantially similar to the Platform;
4.5 to keep all copies of the Platform secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platform;
4.6 to include our copyright notice on all entire and partial copies you make of the Platform on any medium; and
4.7 not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us.
You must not do the following acceptable use restrictions (“Acceptable Use Restrictions”):
6.1 use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any operating system;
6.2 infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
6.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
6.4 use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
6.5 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; and
6.6 use information made available via the Service for commercial purposes
7.1 You acknowledge that all intellectual property rights in the Platform and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the Platform in source-code form.
8.1 We and our service providers make no warranty that:
8.1.1 the Service will meet your requirements;
8.1.2 the Service will be uninterrupted, timely, secure, or error-free;
8.1.3 the results that may be obtained from the use of the Service will be accurate, reliable or completely up to date;
8.1.4 the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; or
8.1.5 any errors in the technology will be corrected.
8.2 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these terms.
8.4 All conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this EULA, whether by statute, common law, or otherwise, are, to the extent permitted by applicable law, hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill or care.
9.1 You acknowledge that the Platform 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 Platform meet your requirements.
9.2 We recommend that you back up any data used in connection with the Platform to protect yourself in case of problems with the Platform or the Service.
9.3 You agree not to use the Platform for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.4.1 use of, or inability to use, our Service or the Platform; or
9.4.2 use of or reliance on any content displayed on the Platform
9.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or the Platform to your downloading of any content on it, or on any website linked to it.
9.6 We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.7 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to GBP £100. This does not apply to the types of loss set out in condition 9.8.
9.8 Nothing in this EULA shall limit or exclude our liability for:
9.8.1 death or personal injury resulting from our negligence;
9.8.2 fraud or fraudulent misrepresentation; and
9.8.3 any other liability that cannot be excluded or limited by English law.
You agree to indemnify, defend and hold harmless us, our affiliates, subsidiaries, agents, officers, employees, contractors, suppliers, successors and assigns from and against any claims, demands and liability, including, but not limited to, reasonable legal fees arising out of:
10.1 any information or content howsoever provided by you to us and/or our affiliates,
10.2 your use of or inability to use the Platform,
10.3 your breach of this EULA,
10.4 your misrepresentations, negligence or wilful misconduct and/ or
10.5 your violation of any applicable laws, rules or regulations when using the Platform.
We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that we shall not be liable to you or any third party for any modification or discontinuance of the Service
12.1 We may terminate this EULA immediately by written notice to you:
12.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
12.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
12.1.3 if we are unable to continue to provide the Service;
12.1.4 in the event of a termination of the Subscription Agreement (as defined above); or
12.1.5 in the event that the Subscriber instructs us that you are no longer authorised to access their subscription to the Platform.
12.2 On termination for any reason:
12.2.1 all rights granted to you under this EULA shall cease;
12.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;
12.2.3 you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control and certify to us that you have done so;
12.2.4 we will cease providing you with access to the Services; and
12.2.5 our obligations in respect of the retention or deletion of any information or Content you have provided to us or the Platform shall be governed by the terms of the Subscription Agreement (as defined above).
12.3 You will normally be given advance notice (by email) if your use of the Service is going to be suspended. Such notice will tell you why such action is being taken. Please note that you will not receive notice or details of why the action is being taken if this would compromise reasonable security measures or if it is unlawful to do so.
12.4 Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled (whether by you or us), you will no longer be able to access your account or any Content you have submitted to the Platform
12.5 We will not be liable to you or to any third party for the suspension or termination of your account or your access or use of the Service. Once your account is terminated, you understand and acknowledge that we will have no further obligation to provide the Service to you or provide you with access to any of your account information or Content.
13.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org, or by post to us at Propierge, Galerías Paniagua, Locales 9-11, 11310 Sotogrande, San Roque, Cádiz, Spain. We will confirm receipt of this by contacting you in writing, normally by e-mail.
13.2 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 Platform.
13.3 If you think the Platform or the Services are faulty and you wish to contact us, please email us at email@example.com.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
14.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
14.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
15.1 We reserve the right, in our sole discretion, to revise this EULA at any time. You are responsible for regularly reviewing the EULA and any alterations to the same. By using the Platform, you agree to become bound by any such revisions made from time to time. If you do not wish to be bound you should not use the Platform.
15.2 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
15.3 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
15.4 This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15.5 If we fail to insist that you perform any of your obligations under this EULA, 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.
15.6 Each of the conditions of this EULA 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.
15.7 In case of any dispute or disagreement that may arise between the parties relating to this contract, particularly over its interpretation, validity, effectiveness, compliance, termination or cancellation, both parties submit, waiving their own jurisdiction, to the courts of England.
15.8 This EULA is governed by English law. Both parties agree to submit to the non-exclusive jurisdiction of the English courts.
This EULA has been entered into on the date that you clicked to confirm your acceptance of its terms and/or downloaded the Platform.