These Terms set out important information about www.propertyboxapp.co.uk (the “App”) and govern your use of the App. By using the App you accept these Terms in full and agree that these Terms are reasonable. If you disagree with these Terms in full or in part, or disagree that they are reasonable, then you must not use the App.
Ownership and Operation
PropertyBOX is an App created and managed by FocalAgent Limited incorporated in England and Wales with company number 07144564 whose registered office is at 3 Loughborough St, Vauxhall, London, SE11 5RB. FocalAgent’s registered VAT number is 924 5938 95. FocalAgent can be contacted by telephone at 02036680740 or by email at info@FocalAgent.co.uk.
Unless otherwise stated, the Intellectual Property Rights (or “IPRs”) in the App and material on the App are owned by FocalAgent and/or its licensors. All these rights are reserved by FocalAgent.
You may retrieve and display such content on the App on a computer screen, store such content in electronic form on disk or print copies of such content for your own use, provided you keep intact all and any copyright, proprietary notices and any applicable purchase terms and conditions.
You must not: republish material from the App (including republication on another App); sell, rent or sub-license material from the App; show any material from the App in public; reproduce, duplicate, copy or otherwise exploit material on the App for a commercial purpose; edit or otherwise modify any material on the App; redistribute material from the App except for content specifically and expressly made available for redistribution; or engage in automated and/or systematic collection of data from the App.
If FocalAgent discovers that you have used these materials in contravention of these Terms, FocalAgent may bring legal proceedings against you seeking monetary damages and an injunction to prevent further use of the materials. If you become aware of any use of these materials that contravene these Terms, please report this by email to info@FocalAgent.co.uk.
“User Content” refers to material that you submit to the App for whatever purpose including, but not being limited to: text, images, audio material, video material and audio-visual material.
By submitting User Content to the App you grant FocalAgent a non-exclusive worldwide royalty-free licence to use the IPRs of your User Content. You also grant FocalAgent the right to sub-licence these IPRs and the right to bring action for infringement of these rights.
Your User Content must not be unlawful or illegal, infringe any third Party’s legal rights or be capable of giving rise to legal action whether against you or FocalAgent or any third part under any applicable law.
You must not submit any User Content that is or has ever been the subject of any actual or threatened legal proceedings or similar complaint.
FocalAgent reserves the right to edit or remove any User Content.
You must not use the App in any way that causes, or may cause, damage to the App; impairment of the availability or accessibility of the App; or in any way which is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without being limited to: scraping, data mining, data extraction and data harvesting) on or in relation to the App without FocalAgent’s express written consent.
You must not use the App to transmit or send unsolicited commercial communications.
You must not use the App for any purposes related to marketing without FocalAgent’s express written consent.
Fair Usage Policy: The App is designed to be used on all your properties and is based on a average user completing 5-15 floor plans per month and 30-150 photographs per registered user. We reserve the right to suspend a users account based on over usage.
Access to certain areas of the App is restricted. FocalAgent reserves the right to restrict access to areas of the App, or the entire App, at FocalAgent’s discretion.
If FocalAgent provides you with “Credentials” (e.g. User ID and Password) to enable access to restricted areas of the App or other services, you must ensure that these Credentials are kept confidential.
FocalAgent reserves the right to disable your Credentials at FocalAgent’s sole discretion.
Availability of the App and Warranties
FocalAgent cannot promise that the App will be fault-free. If a fault occurs with the App, you should report it to info@FocalAgent.co.uk and FocalAgent will attempt to correct the fault. Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities, services or content. FocalAgent will attempt to restore access as soon as is reasonably possible.
The App is provided without any representations or warranties, express or implied and FocalAgent makes no representations or warranties in relation to the App or the information and materials provided in the App. FocalAgent does not warrant that the information on the App is complete, true, accurate or non-misleading; or that the App will be constantly available or available at all.
Limitations of Liability
Certain links, including hypertext links, in the App will take you outside of the FocalAgent site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by FocalAgent of the linked site, its operator or its content. FocalAgent is not responsible for the content of any App outside the App.
FocalAgent does not make any warranties or guarantees in relation to the content of the App (including all FocalAgent products) save for those given to the purchaser of a FocalAgent product from FocalAgent at the time of such purchase.
Whilst FocalAgent shall reasonably endeavour to ensure that the App does not contain or promulgate any viruses, bugs, other malicious code or harmful components, FocalAgent make no warranty or representation that this will be the case. FocalAgent therefore strongly recommends that you maintain virus protection software and virus-check all materials downloaded from the App.
FocalAgent is not liable to you in relation to the contents of, use of, or otherwise in connection with the App for any indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data.
These Limitations of Liability apply even if FocalAgent has been expressly advised of the potential loss.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit FocalAgent’s liability in respect of any: death or personal injury caused by FocalAgent’s negligence; fraud or fraudulent misrepresentation on the part of FocalAgent; or matter which it would be illegal or unlawful for FocalAgent to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Breach of the Terms
Without prejudice to FocalAgent’s other rights under these Terms, if you breach these Terms in any way FocalAgent may take such action as FocalAgent deems appropriate to deal with the breach. This includes, but is not limited to: suspending your access to the App; prohibiting you from accessing the App; blocking any computers using an IP address associated with you from accessing the App; contacting your internet service provider to request that they block your access to the App; and bringing court proceedings against you.
By agreeing to these Terms you indemnify FocalAgent and undertake to keep FocalAgent indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by FocalAgent arising out of any breach (or claim of breach) by you of any provision of these Terms (including, without limitation, legal expenses and any amounts paid by FocalAgent to a third Party in settlement of a claim or dispute).
When using the App, FocalAgent may ask you to provide certain personally identifiable information (“Personal Information”) that can be used to contact or identify you. Personally identifiable information may include, but is not limited to: your name; information about your use of the App; information that you provide for the purpose of registering with the App or subscribing to its services; information about transactions carried out over the App; or any other information that you provide to FocalAgent.
FocalAgent will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your Personal Information.
FocalAgent will store Personal Information on its secure servers.
The security of your Personal Information is important to FocalAgent but no method of transmission over the internet or other method of electronic storage is 100% secure. While FocalAgent strives to use commercially acceptable means to protect your Personal Information, its absolute security cannot be guaranteed.
FocalAgent is not responsible for the privacy policies or practices of any third Parties, including those sites that the App contains links to.
Like many site operators, FocalAgent collects information that your browser sends whenever you visit the App (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of the App that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Using Personal Information
FocalAgent may use your Personal Information to administer the App; personalize the App for you; enable your access to and use of the App services; publish information about you on the App; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications.
In addition to the disclosures reasonably necessary for the purposes identified in these Terms, FocalAgent may disclose your Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.