Terms & Conditions - PropertyBox

Terms & Conditions

These Terms set out important information about propertybox.io and app.propertybox.io (the “App”) and govern your use of the App. By using the App you accept these Terms in full.

  • Ownership and Operation
    • PropertyBOX is an App created and managed by FocalAgent Limited (“FocalAgent”) incorporated in England and Wales with company number 07478014 whose registered office is at 30 City Road, London, United Kingdom EC1Y2AB. FocalAgent’s registered VAT number is 924 5938 95. FocalAgent can be contacted by telephone at 02036680740 or by email at info@Focalagent.com.
  • Intellectual Property
    • 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.
    • You agree to only using the App and materials in accordance with these tersms and conditions.
  • User Content
    • “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.
  • Acceptable Use
    • 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 or Propertybox brand 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 an average user completing 250 photographs per registered user.
  • Restricted Access
    • 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
    • If a fault occurs with the App, you should report it to production@Focalagent.com and FocalAgent will attempt to correct the fault.
    • Your access to the App may be occasionally restricted to allow for maintenance or the introduction of new features, 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).
  • 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.
    • Where FocalAgent discloses your Personal Information to its agents or sub-contractors the agent or sub-contractor in question will be required to use that Personal Information in accordance with terms equivalent to those of this Privacy Policy.
    • 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.
    • Personal Information that FocalAgent collects may be stored and processed in and transferred internationally to enable the use of the information in accordance with this Privacy Policy. By using the App you agree to such cross-border transfers of Personal Information.
  • Cookies
    • Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a App and stored on your computer’s hard drive.
    • Like many sites, the App uses Cookies to collect information. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some portions of the App.
  • General
    • FocalAgent may collect, store and use information about you in accordance with the Privacy Policy. You acknowledge and agree to be bound by the terms of the Privacy Policy.
    • FocalAgent may update these Terms from time to time. The changes will apply to the use of the App from the date of publication of the revised Terms on the App. Please check this page regularly to ensure that you are familiar with the Terms.
    • These Terms constitute the whole agreement between you and FocalAgent in relation to your use of the App and replaces any previous agreement in respect of your use of the App.
    • These Terms will be subject to the laws of England and Wales and the courts of England and Wales are the only place where disputes or claims relating to or connected with these Terms may be decided.
    • FocalAgent makes no promise that the materials on the App are appropriate or available for use in locations outside the United Kingdom. Accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from such a location, you do so on your own initiative and are responsible for compliance with local laws. FocalAgent will accept no liability for issues arising from access or use of this App.
    • In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
    • No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
    • You may not assign any of your rights or obligations under these Terms. FocalAgent may assign these Terms or any of its rights and obligations to any company owned by, or which is an affiliate or subsidiary of FocalAgent, or to anybody acquiring FocalAgent’s business or its assets.
    • If you have any queries, please contact info@Focalagent.com.

SCHEDULE 1

THE PREMIUM SERVICE AGREEMENT TERMS

This agreement (“Agreement“) is entered into to be effective as of the Effective Date by and between you (“Subscriber”) and FocalAgent Limited incorporated in England and Wales with company number 07478014 whose registered office is at 30 City Road, London, United Kingdom EC1Y 2AB (“Service Provider”). The “Party” or “Parties” refer to the Subscriber and the Service Provider.

Payment for the Premium Service Subscription constitutes agreement of these Terms. By paying for the Premium Service 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 pay for the Premium Subscription.

  • Basis of Agreement
    • This Agreement sets forth the terms and conditions under which Service Provider agrees to license to the Subscriber Premium licenses for the PropertyBOX App (“the Services”) and acts as an addendum to the standard Terms of Use.
  • Term
    • This Agreement shall come into force on the date of payment first being received by FocalAgent (“the Effective Date”).
    • This Agreement shall continue in force for the agreed term (1 month, 3 months, 6 months or 12 months) after the Effective Date, at which time the Agreement shall automatically renew unless on a month by month basis.
  • Payment Terms
    • The Subscriber shall pay the Fees, in accordance with the remainder of this Clause, to the Service Provider:
      • Upon making the initial payment, the Service Provider will collect from the payment method used the agreed monthly Fee for the duration of the Term in intervals of 30 days.
      • Upon making the initial payment, the Subscriber accepts the full cost of the subscription for the duration of the term, to be paid monthly and due in full at the close of the Term.
    • If the Subscriber fails to pay the Service Provider within the period set out this Clause:
      • The Subscriber shall pay interest on the overdue sum at the rate of 4% per annum above the base rate of the Service Provider’s bank from time to time. Such interest shall accrue on a daily basis from the due date until payment is made in full to the Service Provider of the overdue sum, whether before or after judgment. The Subscriber shall pay the interest due together with the overdue sum.
      • The Service Provider shall have the right to suspend the Services until payment of the overdue sum (together with any interest due) is made in full.
    • All sums due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (except such amount (if any) of tax that is to be deducted or withheld by law).
  • Termination
    • Without limiting the right of a Party to immediately terminate this Agreement, the Service Provider may terminate the Agreement immediately by sending the Subscriber written notice at any time.
    • The Subscriber may Terminate the Agreement by sending the Service Provider written notice if at any time:
      • the other Party commits any material breach of any of its obligations under this Agreement;
      • the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
      • the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under this Agreement);
      • anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
      • the other Party ceases, or threatens to cease, to carry on business; or
      • the other Party is guilty of any fraud or dishonesty; or
      • the other Party acts in any way which the other Party believes damages its reputation, or which might damage the Party’s business.
    • Upon the Termination of this Agreement:
      • the Subscriber shall pay to the Service Provider all undisputed amounts due and payable hereunder;
      • the Service Provider shall refrain from completing any outstanding orders; and
      • the following clauses shall continue in force: Confidentiality, Intellectual Property, Clauses General/Governing Law.
    • Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
  • Confidential Information
    • Each Party undertakes that, except as provided by sub-Clause 17(b) or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and for 2 years after its termination:
      • keep confidential all Confidential Information;
      • not disclose any Confidential Information to any other Party;
      • not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
      • not make any copies of, record in any way or part with possession of any Confidential Information; and
      • ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by the Service Provider, would be a breach of the provisions of sub-Clauses (i) – (iv) above.
    • Either Party may:
      • disclose any Confidential Information to:
        • any governmental or other authority or regulatory body; or
        • any employee or officer of the Service Provider or of any of the aforementioned persons, Parties or bodies;
      • to such extent only as is necessary for the purposes contemplated by this agreement (including, but not limited to, the provision of the Services), or as required by law.
      • In each case the Party shall first inform the person, Party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 17(b)(i)(2) or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the Party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 17, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
        • use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this agreement, or at any time after that date, becomes public knowledge through no fault of either Party. In making such use or disclosure, either Party must not disclose any part of the Confidential Information which is not public knowledge.
      • The provisions of this Clause 17 shall continue in force in accordance with its terms, notwithstanding the termination of this Agreement for any reason.
  • Limitation of Liability
    • Neither Party shall be liable – whether in contract, tort (including negligence), breach of statutory duty or otherwise – to the other if it breaches any of its obligations under this Agreement (or arising therefrom), for any loss suffered by the other Party in the form of lost revenue or profit or failure to achieve any benefit expected to be derived from this Agreement, loss of use of any asset, loss of data recorded on any computer or other equipment, loss which is not the direct and immediate consequence of the breach, business interruption or management time, or any other loss which is otherwise indirect, commercial, economic, special or consequential.
    • The total liability of the Service Provider – whether in contract, tort (including negligence), breach of statutory duty or otherwise – for any and all breaches and/or non-performance of its obligations or liability under this Agreement shall be limited to £250 or the total Fees payable by the Subscriber, whichever is the greater sum.