PLEASE READ THESE LICENCE TERMS CAREFULLY
Effective from 1 November 2020.
These terms apply to the EMPIENT Tenant app (App), and to the landlord-tenant communication service you connect to via the App (the Services).
We provide the App and the Services to you in accordance with this User Agreement.
Your attention is drawn in particular to the following terms:
When you sign up for an account to access the App and the Services, you’ll be asked to confirm whether you agree to these terms. If you don’t agree to these terms, you shouldn’t confirm that you do and should delete the App from your device.
If you’ve got any questions or concerns relating to these terms, please contact us at email@example.com
Who we are
We, OPTUS HOMES LTD, of 56 Ashleigh Avenue, Egham, England, TW20 8LA, provide and maintain this App and the Services accessed through it.
Apple® and Google™ terms also apply
Your use of the App and the Services may also be subject to the rules and policies of the Apple® App Store® and Google Play™ Store, depending on the type of device you have installed the App on. Where there are any differences between those rules and policies and these terms, those rules and policies will apply instead.
Terms which apply if you downloaded the App from the Apple® App Store®
If you’ve downloaded the App from the Apple® App Store®, you agree that:
- the agreement set out in these terms is between you and us, not with Apple® and that we are solely responsible for the App
- Apple® is not responsible for providing any maintenance and support with respect to the App
- we are solely responsible for any warranties made in respect of the App and the Services
- in the event of any failure of the App to comply with any warranty, you may notify Apple® and, where applicable, Apple® will refund the purchase price for the App to you; but to the maximum extent permitted by applicable law, Apple® will have no other warranty obligation with respect to the App and Apple® will not be responsible for addressing any claims relating to the App or your possession or use of the App, including (but not limited to), product liability claims; any claims that the App fails to comply with any applicable legal or regulatory requirement; and any claims arising under consumer protection or similar legislation
- Apple® is not responsible for the investigation, defence, settlement and discharge of any claim by another person that the App or your possession and use of the App, infringes that other person’s intellectual property rights
- Apple® and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple® will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, nor are you listed on any U.S. Government list of prohibited or restricted parties
Terms which apply if you downloaded the App from the Google® Play™ Store
If you have downloaded the App from the Google® Play™ Store, you agree that the terms of the Google® Play™ Developer Distribution Agreement will override these terms to the extent that these terms conflict with the terms of such agreement and that each member of Google’s group of companies will be third party beneficiaries of these terms and may enforce these terms against you as a third party beneficiary.
Changes to these terms
We may make minor changes to these terms without notifying you, as long as those changes don’t materially affect your rights. If we make any changes to these terms which may materially affect your rights, we’ll try to give you reasonable notice in advance by email or by drawing your attention to such changes within the App. If you don’t agree any changes, you shouldn’t confirm your agreement to them and should delete the App and your account.
This doesn’t affect your legal rights as a consumer or rights to a refund in accordance with the rules and policies of the Apple® App Store® and Google Play™ Store (as appropriate).
Changes to the App
We may make changes to the App at any time to add functionality or improve performance, reflect changes to your device’s firmware, address security issues or comply with any applicable law or regulation. If you choose not to install any updates, you may not be able to continue using the App or the App may not perform as it should.
You must be 18 or over to accept these terms and download and use the App and the Services.
If you hold parental responsibility for a child under the age of 18 and are concerned that we’ve collected personal data about your child, please contact us at < a href=”mailto:firstname.lastname@example.org”>email@example.com.
Your access to the App
We’re giving you personally the right to use the App. You may not transfer the App, including your subscription to the App, to anyone else. If you sell any device on which the App has been installed, you must delete the App from it.
If you install the App onto any device which isn’t owned by you, you must have the device owner’s permission to do so. You’ll be responsible for complying with these terms whether or not you own the device.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person.
We reserve the right to disable your account at any time if you’ve notified us, or we’ve reason to believe, that your account has been compromised in any way.
Your use of the App
You may only use the App for the purpose of receiving the Services.
You agree that unless permitted by the laws of the country or territory in which you reside, you will not:
- rent, lease, sub-license, provide or otherwise make available, the App to any person
- copy the App, except as part of the normal use of the App
- translate or modify the App nor permit the App to be combined with, or become incorporated in, any other programs
- disassemble, de-compile, reverse engineer or create derivative works based on the App nor attempt to do any such things
- use any script or other automated process to interfere with or manipulate the App or the results generated from your use of the App
- “crawl”, “scrape” or otherwise collect any data or information from the App using any automated process (including but not limited to bots, scrapers and spiders)
- use the App to circumvent any geographic/territorial restrictions
We may suspend or terminate your access to the App (and your subscription) and the Services if we receive notice from any person, or we have reason to believe, that you have breached these terms.
Ownership of Intellectual Property Rights
We and our licensors own all intellectual property and other rights in and to the App which are licensed, not sold, to you. We and our licensors retain ownership of all copies of the App, including those installed on your devices. Any third-party software (for example, open source software libraries) included in the App are licensed to you under the relevant third party’s licence terms which can be accessed within the App.
You will retain all intellectual property rights in any images, information, messages, and any other data you submit to us or the Landlord whilst using the App and the Services (Your Information). By submitting Your Information through the App, you grant to us a perpetual, worldwide, non-exclusive, non-transferable, royalty-free licence to use Your Information for the purpose of providing you with the Services.
You agree that through the Services, Your Information will be passed by us to the Landlord, and used by the Landlord for the purposes of the relationship between you and the Landlord.
Provision of the Services on behalf of the Landlord
We provide the Services to you on behalf of your Landlord. The Services we provide are limited to the provision of communications and the sharing of information related to your tenancy between you and the Landlord.
The Landlord is responsible for the timing, content and accuracy of all communications made to you by the Landlord through the App and the Services.
Our liability to you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided on behalf of the Landlord. If you are unsure of the accuracy or completeness of any information provided through the App and the Services, you should contact the Landlord directly. We are not responsible for the content of any information, advice, or any other communication of whatever sort delivered to you by the Landlord through the Service and the App.
We are not liable for any actions, omissions, or obligations of your Landlord. We make no representations, warranties or guarantees, whether express or implied, that any information provided by the Landlord is accurate, complete or up to date. We are not responsible, and accept no liability for, any aspect of your tenancy agreement, the performance of any legal or contractual obligation of the Landlord, or any other agreement or dispute between you and the Landlord.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may collect technical data about your device
By using the App and the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide the Services to you.
We may collect location data (but you can turn location services off)
The Services may make use of location data sent from your devices. By using the 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 and road traffic-based products and services.
You may stop us collecting such data at any time by turning off this functionality in the location services settings for the App on the device.
Other important terms:
We may transfer our agreement with you to someone else: We may transfer our rights and obligations under these terms to another organization. If you’re unhappy with the transfer, you may terminate your agreement with us as set out above.
If a court finds part of these terms illegal, the rest will continue in force: Each section of these terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce them later: If we don’t insist immediately that you do anything that you’re required to do under these terms, or if we delay in taking steps against you in respect of your breach of these terms, that won’t mean that you don’t have to do those things and it won’t prevent us taking steps against you at a later date.
Waiver of class actions: Where permitted by the laws of the country or territory in which you reside, you and we agree that each of us may bring claims against the other only in an individual capacity and not as claimant/complainant/plaintiff in any purported class or representative action. Unless you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a class or representative action.
Promotional offers: We may offer special promotions on the content that you can access through the App, which may be subject to additional terms and conditions. We’ll draw your attention to any additional terms and conditions relating to such offers prior to sign-up.
Which laws apply to these terms: Unless otherwise required by the laws of the country or territory in which you reside, any claim, dispute or controversy arising out of or in connection with these terms (including non-contractual claims or disputes) will be subject to the laws of England and Wales (without regard to choice or conflicts of law principles).
Where you may bring legal proceedings: In the event of any claim, dispute or controversy arising in connection with these terms (including non-contractual claims or disputes), the parties will try to reach an out-of-court settlement and if no settlement can be reached, such claim, dispute or controversy must be referred to the English courts (or Scottish or Northern Irish courts, if you are based in Scotland or Northern Ireland). We don’t accept any codes of conduct as mandatory in connection with these terms.