Terms & Conditions

 

BACKGROUND:

 

                These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which You may use Moovshack Pro (Moovshack’s Web App and Mobile App for professional Estate Agents”) and interact with Moovshack (Our consumer App or Apps). Please read these Terms and Conditions carefully and ensure that You understand them.  You will be required to read and accept these Terms and Conditions when signing up for a Moovshack Account, purchasing a Subscription or any Product from Moovshack.  If You do not agree to comply with and be bound by these Terms and Conditions, you must stop using any Moovshack Apps immediately.

 

1.                   Definitions and Interpretation

1.1                In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”	Means an account required to access and use any Moovshack Apps, as detailed in Clause 5
“Moovshack”	Our consumer app or apps and or our website
“Member”	Means a registered Individual User of our consumer app Moovshack or an individual or corporate entity using our professional agent apps Moovshack Pro (our apps).
“Your Membership”	Means your status as implied or defined by any or all of the rights, obligations, privileges, warrants and responsibilities agreed or attained by you and or provided by Moovshack to you under the terms of this agreement
“Guest User”	Means a User of Our consumer app Moovshack, who has either not yet registered or is a Member who has logged out
“Agent”	Means a person or corporate entity engaged in the business of selling or letting residential or commercial properties or land on behalf of unrelated third parties
“Developer”	Means a person or corporate entity engaged in the business of building or renovating residential or commercial properties
“Landlord”	Means a person or corporate entity marketing property they own to tenants
“Our Apps”	Means any and / or all of our professional mobile and Web Apps (known as Moovshack Pro)
“Our Platforms”	Means any one or combination of Our Apps or Moovshack or Our Website
“Our Content”	Means any and / or all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Apps other than User Content
“Contract”	Means the contract between Us and You for the purchase and sale of a Subscription to Our Apps, as explained in Clause 6;
“Order”	Means Your order for a Subscription or a one-off product purchase or fixed number of products purchased (e.g. Valuation Leads)
“Subscription Confirmation”	Means Our acceptance and confirmation of Your Order;
“Subscription”	Means a subscription to access Our Apps, purchased in accordance with these Terms and Conditions
“Base Price”	Means the basic price per location of Our Subscription charges before any extra charge for additional Users is imposed
“Agreed Term”	Means the period of time Your Subscription will last before renewal or auto-renewal
“Product”	Means any product or service acquired or requested by You from Us that is not a regular monthly Subscription (e.g. Valuation leads)
“User”	Means a user of Our Mobile and or Web Apps
“User Content” and or “Your content”	Means any type of content including but not limited to messages, documents, images, videos, VR and sound files created and or uploaded by Users and or You in or to Our Apps and Moovshack
“User Data”	Means information provided by Users and their activities on Our Apps.
“Your Data”	Means all information provided to Us by You either directly or indirectly, including Data supplied or displayed on Your behalf by a third party e.g. property feeds and listings
“Your Locations”	Means any or all physical or virtual locations that you provide Us with addresses and or telephone numbers for and or send us Your Data for, for the purposes of marketing Your company and Your property listings
“You/Your”	Means You as an individual Member and / or as a corporate entity, whichever is appropriate in the context
“We/Us/Our”	Means Moovshack Limited, a company registered in England under company number 10775562, whose registered address is 6 Viewpoint Office Village, Babbage Rd, Stevenage, SG1 2EQ and whose main trading address is Technicon House, 905 Capability Green, Luton, LU1 3LU.

 

2.                   Information About Us

2.1                Our Software Platforms and Apps are owned and operated by Moovshack Limited

2.2                We are regulated by the Financial Conduct Authority when We act as a broker for 3^rd party consumer services.

2.3                We are a member of the UK PropTech Association.

 

3.             Our real estate advertising services

3.1           We provide a range of property and real estate advertising services for business users only including Agents, Developers & Landlords

3.2           Our real estate property listing services are free to Agents, but fees may apply to Developers and Landlords

3.3           All Our Products and services are subject to all Our terms and conditions of use and in particular, the terms and conditions contained in this section 3.            

3.4           We reserve the right to decide to change the basis on which We calculate Subscription Charges from time to time, but We will always give You 30 days notice before such changes come into effect.

3.5           Our current Subscription charges are calculated first on a per Location or Branch basis and may include an agreed number of Users within the Base Price.

3.6           Once the agreed number of Users is reached, any additional Users will be charged at an agreed rate per additional User and the combined new Subscription will remain in place for the remaining period of the Agreed Term

3.7           While We make no specific restriction on geographic areas covered by Our Member Agents, Our corporate philosophy is that consumers are best served by Agents with local knowledge and expertise and so We reserve the right to restrict access to Our Apps and Products where We feel this philosophy is being ignored or abused

3.8        We will provide a property listing service for displaying Your Data to Members and Guest Users to Our Platforms and may also offer You other relevant additional features, Products and services to help manage Your advertising and promote Your membership

 

3.9           All interactive features (including phone calls) in Our consumer app and Our Apps can only be used by Members to ensure that We can moderate behaviour in accordance with Our Acceptable Usage Policies and to further enhance the quality of leads and enquiries You receive from Members of Our Consumer app Moovshack

 

3.10        Data updates You make to Your property listings will normally be updated within 24 hours if fed to Us via Our data partner or immediately if edited using Our platform

 

3.11        We accept no responsibility for checking the accuracy of Your Data. We reserve the right to edit, review, suspend or remove Your Data if We believe it is inaccurate or in Our opinion contravenes these Conditions or any applicable laws. If We have to act in accordance with rights reserved in this clause 3.11, We will notify You of Our actions within 2 working days

3.12        We will forward all customer enquiries generated from Our consumer app Moovshack to the contact details You have provided to Us within the administration section of Our Apps. It is Your sole responsibility to ensure these details are kept up to date and accurate. We accept no liability for losses or damages of any kind in respect of misdirection of leads from Our platform intended for You

 

3.13        If We intend to make changes to the specification and or format in which You must provide Your Data, We will notify You at least 30 days in advance, except in circumstances where immediate changes are essential to the proper operation of Our Apps in which case We will notify You as soon as reasonably possible

 

3.14        You warrant that You primarily operate as an Agent, Landlord or Developer and not as a consumer for the purposes of the Unfair Contract Terms Act 1977, Section 12, as amended and that You are providing the services primarily associated with those operations and have not nor will not, misrepresent the nature of Your business to Us

3.15        You warrant that Your Data will only include information on unsold or unlet property or land and that Your Data must not include details of property or land that You are not properly authorised to market or that is not freely available for sale or let

3.16        You warrant that images provided by You to be shown with the property or land You are marketing are only of the property or land being offered, or directly relate to the occupier lifestyle and immediate locality and that you will make clear the distinction within your property descriptions and or image titles

3.17        You agree to comply with all reasonable requests expressed by Our Users and Members in their dealings with You and that You will comply fully with Your obligations under the Data Protection Act 1998 with respect to personal data We send or make available to You and will not make available any personal data to third parties without explicit consent

3.18        You will ensure that You comply with all UK legislation, best practice and other regulatory and compliance standards that are applicable to Your type of business activities within the UK (e.g. but without limitation, the Estate Agents Act 1979, The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 as amended and if You operate outside the UK, You will comply with other laws and best practice within relevant jurisdictions as well as UK

 

3.19        You will ensure that You and Your Data (in particular but without limitation, Your property listings and descriptions) comply with all UK legislation including but not limited to

·         the Property Misdescriptions Act 1991

·         The Housing Act 2004 and

·         The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007) that applies to the marketing of property or land as well as

·         the British Code of Advertising, Sales and Promotion and Direct Marketing (11th Edition) as updated or amended from time to time and

·         the Control of Misleading Advertising Regulations 1998 and any other regulatory and compliance standards that may from time to time apply in respect of You and Your Data, regardless of whether You believe such legislation directly applies to You

 

3.20        You warrant that if We publish or reproduce Your Data, it will not;

·         breach any contract

·         fail to comply with any applicable law or regulation

·         infringe any copyright, trade mark, intellectual property or any other rights of any persons, firm or corporate entity

·         render Us liable to any claim whatsoever

·         and that You will fully indemnify Us against any resulting third party claim, legal action or penalty should Your Data not meet these Conditions

 

3.21        You warrant that You have good title to Your Data and that Your Data is;

·         accurate, relevant and complete and is of a professional and inoffensive nature

·         is to the best of Your knowledge free from known viruses, disabling programs and devices

·         is not in breach of any obligations of confidentiality or privacy

·         is not being displayed against the wishes of those from whom You acquired it

·         does not include details of Your commission, costs or fees unless we have specifically requested such information to facilitate use of Our Apps (except tenant and buyer fees), specific comparisons with third parties who We perceive to be competitors of You or Your Client, any links or references to any Website or any other information that is specifically excluded by these Conditions or that We reasonably deem to be inappropriate to Your Membership

 

3.22        You will use reasonable endeavours to update Your Data to ensure that it is and remains correct including but not limited to any alterations to prices and availability and the display of any data.

·         Where there is a material change or update of Data, You will ensure Your Data is amended accordingly within 2 working days

·         In the event that the property sale has completed or letting is tenanted You will ensure the removal of the property from Our Platforms, in accordance with clauses 3.23

 

3.23        Should a property become unavailable due to a change in the properties status You will ensure that the status of the property is changed from ‘Available’ to the correct corresponding property status of either:

·         SSTC

·         SSTCM (Scotland only)

·         Under offer

·         Reserved

·         Let agreed

·         You warrant that if their status is changed to any of the options listed in clause 3.23, such properties will not remain on our platform for a period longer than six months

 

3.24        You will use all Your reasonable endeavours to help Us identify and remedy unauthorised copying and storage of Your Data

 

3.25        You will use reasonable endeavours within 2 working hours of receipt to respond or at least act on all telephone calls, valuation requests, viewing requests, offers or in-app invitations and or in-app messages of any type and  or emails, directed to You or Your Locations by Us or Our Apps or by Our Members using Moovshack

 

3.26        You will make all payments due to Us in line with Our charging policy and plan, as notified from time to time, promptly in accordance with clause 8 below

 

3.27        You acknowledge and agree that We may enter into agreements with third parties whereby Your Data can be published or accessed through other mediums not belonging to Us and/or through channels other than Our Platforms

 

3.28        You expressly warrant that You will not without Our written permission directly or, in Our opinion indirectly, sell on or provide access to the services and features of Your Membership to third parties

 

3.29        Your Membership is subject to these Conditions to the exclusion of all other terms and conditions express or implied and any variation to the conditions of Your Membership have no effect unless expressly agreed in writing and signed by an authorised representative of Us. The current version of Our conditions of membership (as posted on Our website) will apply at all times to Your Membership and will supersede all previously published conditions of membership

 

3.30        Where You purchase, use or access products or services from Us, or from Our partners supplying such products and services on Our behalf, any associated product or service conditions, including those of Our partners, shall form part of Your terms and conditions of membership

 

3.31        You acknowledge that You have not relied upon any statement or representation made by Us or any of Our employees or representatives when applying for and or accepting membership of Our Apps or Our Platforms

 

3.32        If any provision contained in these Conditions is for any reason held to be invalid or unenforceable in any respect that invalidity or unenforceability will not affect any other provision of these Conditions and these Conditions will continue in force and be construed as if that invalid or unenforceable provision had not been contained herein

 

3.33        We reserve the right to employ User Data and Your Data in Our marketing activities and other products and services offered by Us or to make it available to selected third parties, subject to the Data Protection Act and the privacy policy on Our Platforms

 

3.34        We grant You the non-exclusive right to use Our logo, Our name and Our platforms address in any advertising, promotional material and displays in accordance with and in a manner that does not bring Us into disrepute or misrepresent Your relationship with Us

 

4.                   Access and Changes to Our Apps

4.1                Access to Our Apps requires a Subscription.  Upon purchasing a Subscription, Our Apps will be available to You for the duration of that Subscription and any and all subsequent renewals

4.2                We may occasionally offer free trials of Our Apps for new customers in which case all Our terms & conditions for use of Our Apps still apply

4.3                We may allow limited access to Our Apps without the need for a Subscription for the purposes of enabling You to accept and respond to Valuation leads and other enquiries from Our consumer members, however in all circumstances You will have to accept Our Terms & Conditions of use

4.4                We may from time to time make changes to Our Apps:

4.4.1                 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.  Where necessary We will inform You by email of any such changes (including, if applicable, anything that You need to do), however they will be unlikely to materially affect Your use of Our Apps

4.4.2                 Minor changes may be made to reflect changes in the law or other regulatory requirements.  Where necessary We will inform You by email of any such changes (including, if applicable, anything that You need to do), however they will be unlikely to materially affect Your use of Our Apps; and

4.4.3                 We will continue to develop and improve Our Apps over time, in some cases making significant changes to them. You will be kept fully informed of any and all such changes

4.5                We will always aim to ensure that Our Apps are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.4.  Unless We are responding to an emergency or an urgent issue, We will inform You in advance of any interruptions to the availability of Our Apps.  If We need to suspend Our Apps for longer than 24 hours within a 7 day period, We will add the corresponding time to the duration of Your current Subscription period at no cost to You, rounded up to a full day in each case.  If We need to suspend Our Apps for longer than 7 days You may also have a right to cancel.  Please refer to sub-Clause 9.4 for details on how to do this

 

5.                   Accounts

5.1                An Account is required to use Our Apps

5.2                You may not create an Account if You are under 18 years of age

5.3                When creating an Account, the information You provide must be accurate and complete.  If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date

5.4                We recommend that You choose a strong password for Your Account, consisting of a minimum of 8 characters, made up of any lowercase or uppercase letters and any numbers or symbols.  It is Your responsibility to keep Your password safe.  You must not share Your Account with anyone else.  If You believe Your Account is being used without Your permission, please contact Us immediately.  We will not be liable for any unauthorised use of Your Account

5.5                You must not use anyone else’s Account without the express permission of the User to whom the Account belongs

5.6                Any personal information provided in Your Account will be collected, used, and held in accordance with Your rights and Our obligations under the Data Protection Act, as set out in Clause 21

5.7                If You wish to close and delete Your Account, You may do so at any time by emailing support@moovshack.com.  Closing Your Account may result in the removal of Your information from Our servers after 90 days.  If You have an active Subscription, Your Account will remain active for the duration of the remainder of the Subscription period You are currently in.  Closing Your Account will cancel the auto-renewal of Your Subscription, where applicable.  Closing Your Account will also remove any User Content that You have created or uploaded from Our system.  To avoid losing anything that You have created or uploaded using Our Apps, please ensure that You save Your User Content to Your computer or device before closing Your Account

 

6.       Subscriptions, Product purchases, Pricing and Availability

6.1                We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Apps) correspond to the actual services that will be provided to You.  There may, however, be variations due to upgrades or changes We make from time to time

6.2                Where appropriate, You may be required to select Your required Subscription needs from multiple options available.  Different types of Subscription may provide access to different features and / or numbers of Users in Our Apps.  Please ensure that You select the appropriate Subscription when prompted

6.3                All pricing information is correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated at least every 12 months. Changes will not affect Subscriptions that have already been purchased but may affect renewals of Subscriptions (for the purposes of this clause Monthly Subscriptions are regarded as renewing every calendar month)

6.4                All Subscription prices are checked by Us when Your purchase is processed.  In the unlikely event that We have shown incorrect pricing information, We will contact You in writing before processing Your purchase to ask You how You wish to proceed.  We will not charge You or activate Your Subscription until You respond.  If We do not receive a response from You within 7 days, We will treat Your purchase as cancelled and notify You accordingly in writing

6.5                All Business pricing does not include VAT

 

7.       Subscriptions – How Contracts Are Formed

7.1                You will be guided through the Subscription process when You make a purchase.  Before confirming a purchase, You will be given the opportunity to review Your chosen Subscription and amend any errors in Your Order.  Please ensure that You check carefully before confirming Your purchase

7.2                No part of Our Apps, Website or any other material constitutes a contractual offer capable of acceptance.  By purchasing a Subscription, You are making Us a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending You a Subscription Confirmation by email.  Only once We have sent You a Subscription Confirmation will there be a legally binding contract between Us and You (“the Contract”)

7.3                We can also provide a paper copy of Your Subscription Conformation on request

7.4                If We do not accept or cannot process Your Subscription purchase for any reason, no payment will be taken under normal circumstances.  If We have taken payment in such circumstances, the payment will be refunded to You as soon as possible and in any event within 7 days

7.5                Subject to the cancellation provisions in Clause 8, once You have confirmed Your Subscription purchase, Your Subscription cannot be downgraded until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed

7.6                By purchasing a Subscription, You are expressly requesting that You wish access to Our Apps to be made available to You immediately. Please be aware that We do not offer any Subscriptions that do not begin immediately.  For more details of cancellation, please refer to Clause 9

 

8.       Payment

8.1                Payment for Subscriptions will be due at the time of purchase.  Your chosen payment method will be billed immediately upon confirmation of Your Subscription

8.2                We may accept the following methods of payment:

8.2.1                 Card payments

8.2.2                 Direct Debits

8.2.3                 Payment by Invoice on 5 working day terms

8.3                Because We are a Software as a Service company and keep Our pricing as low as possible, We may at Our discretion add a 25% surcharge for all Subscriptions and Products where payment by Invoice is selected as this method considerably increases Our administration costs. Payment within 5 working days will reduce this surcharge to 10%. Late payment of invoices will attract interest at the rate of 2% above Santander Bank Base Rates applicable at the time

8.4                When You or a company employee or representative click ‘Accept Lead’ when prompted at the point of opening a valuation lead You explicitly agree to strictly comply with the following clauses;

8.4.1                 By clicking ‘Accept Lead’ You are confirming that You are authorised on behalf of Your company to buy the valuation lead or batch of leads, from Us,

8.4.2                 Whether or not You or any other company employee or representative respond to the valuation lead using the Moovshack Pro web or mobile app You explicitly agree that Your company is liable to pay Moovshack in full upon demand for the valuation lead and that if You have bought a batch of valuation leads the number of credits will reduce accordingly each time You accept a new lead

8.4.3                 You or Your company agree to pay for the valuation lead even if You subsequently discover that the property owner has contacted You or Your company direct, whether or not this contact was prior to You accepting the lead from Moovshack or after You received the valuation lead from Us

8.4.4                 You agree not to contact any customer who is the subject of a valuation lead You have accepted from US until the customer authorises You to contact them and that any such unauthorised contact does not release You or Your company from the liability of paying Us for the lead

8.4.5                 You acknowledge that any unauthorised contact you make with a customer referred to you by Moovshack may be a serious breach of GDPR regulations by You and or Your company if You use any data we have provided You in good faith and under these terms and conditions, to make the unauthorised contact

 

9.       Cancellation

9.1                We offer a limited short-term cancellation right to business customers so if You have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when You did not want it to be renewed.  Please contact Us within 24 hours of the start date of the Subscription at support@moovshack.com and We will investigate for You. If We accept that You have made a genuine error, We will immediately cancel Your Subscription. Please note that this option is available only if You have not used Our Apps during the period of the Subscription that You wish to cancel.  If We can trace any use of Our Apps to Your Account during that period, You will not be able to cancel under this provision

9.2                You may cancel at any time in the following limited circumstances and You may be entitled to a full or partial refund for services or digital content not provided:

9.2.1                 We have substantially incorrectly described Our Apps or they are faulty (please refer to Clause 16 for more details); or

9.2.2                 We have informed You of an upcoming retrograde change to Our Apps or to these Terms and Conditions that You do not agree to; or

9.2.3                 We have informed You of an error in the price or description of Your Subscription, Product purchase or Our Apps and You do not wish to continue; or

9.2.4                 There is a risk that the availability of Our Apps may be significantly delayed due to events outside of Our control; or

9.2.5                 We have informed You that We have suspended, or are planning to suspend, availability of Our Apps for a period greater than 14 days; or

9.2.6                 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to You and have failed to remedy such breach or failure within 28 days of You notifying Us in writing

9.3                Subject to sub-Clause 9.2, non-renewing Subscriptions cannot be cancelled. Auto-renewal of Subscriptions can be cancelled at any time, however (also subject to sub-Clause 9.2, no refunds can be provided and You will continue to have access to Our Apps for the duration of the remainder of the Subscription period You are currently in.  Cancelling an auto-renewal of a Subscription only prevents it from being auto-renewed

9.4                To cancel a Subscription for any reason, please inform Us using one of the following methods:

9.4.1                 By telephone on 020 3011 0077; or

9.4.2                 By email at support@moovshack.com; or

9.4.3                 By post at Technicon House, 905 Capability Green, Luton, LU1 3LU, sending either a letter or Our cancellation form (available from support@moovshack.com) providing Your name, address, email address, telephone number and details of Your Subscription.

9.5                We may ask You why You have chosen to cancel Your Subscription and may use any answers You provide to improve Our Apps in the future, however please note that You are under no obligation to provide any details if You do not wish to.

9.6                Any and all refunds due to You will be made no later than 14 calendar days after the date on which We acknowledge Your cancellation.  Refunds will be made to Your original payment method

9.7                In certain limited circumstances, for example if You breach Our Terms and Conditions, We may suspend or cancel Your Subscription and/or close Your Account.  If We take such action, You will be notified by email and We will provide an explanation for the suspension or cancellation and/or closure

9.7.1                 If Your Account is closed and Your Subscription cancelled because You have breached these Terms and Conditions, You will not be entitled to a refund.  If You believe We have closed Your Account and cancelled Your Subscription in error or unfairly, please contact Us at support@moovshack.com

9.7.2                 If Your Account is closed and/or Your Subscription is cancelled for any other reason, You will be refunded the remaining balance of Your Subscription.  The refund will be calculated based upon the price of Your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date).  Any and all refunds due to You will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective.  Refunds will be made to Your original payment method

 

10.               Our Intellectual Property Rights and Licence

10.1            We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Apps to engage in lawful and ethical professional business purposes, subject to these Terms and Conditions.

10.2            Subject to the licence granted to Us under sub-Clause 12.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which You use such Content).

10.3            All other Content included in Our Apps (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.4            By accepting these Terms and Conditions, You hereby undertake:

10.4.1              Not to copy, download or otherwise attempt to acquire any part of Our Apps

10.4.2              Not to disassemble, decompile or otherwise reverse engineer Our Apps

10.4.3              Not to allow or facilitate any use of Our Apps that would constitute a breach of these Terms and Conditions; and

10.4.4              Not to embed or otherwise distribute Our Apps on any Website, ftp server or similar

 

11.               Links to Our Apps

11.1            You may link to Our Apps provided that:

11.1.1              You do so in a fair and legal manner

11.1.2              You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists

11.1.3              You do not use any of Our logos or trade marks (or any others displayed on Our Apps) without Our express written permission; and

11.1.4              You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it

11.2            You may not link to any page other than the homepage of Our Apps (www.moovshack.com) unless using the sharing features of Our Apps.  Deep-linking to other parts of Our Apps requires Our express written permission

11.3            You may not link to Our Apps from any other Website the content of which contains material that:

11.3.1              Is sexually explicit

11.3.2              Is obscene, deliberately offensive, hateful or otherwise inflammatory

11.3.3              Promotes violence

11.3.4              Promotes or assists in any form of unlawful activity

11.3.5              Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age

11.3.6              Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person

11.3.7              Is calculated or is otherwise likely to deceive another person

11.3.8              Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy

11.3.9              Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2 or 3)

11.3.10           Implies any form of affiliation with Us where none exists

11.3.11           Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

11.3.12           Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.4            Please note that the content criteria described above in sub-Clause 10.2 or 3 apply only to content over which the owner and/or operator of the Website in question has direct control.  You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a Website on which You establish a link to Our Apps post content such as comments that violate the above criteria

 

12.               Links to Other Content

We may provide links to other content such as Websites, Web apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  We neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it

 

13.               User Content

13.1            You agree that You will be solely responsible for any and all User Content that You create or upload using Our Apps.  Specifically, You agree, represent and warrant that You have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 15

13.2            You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You to us.  You will be responsible for any loss or damage suffered by Us as a result of such breach

13.3            You (or Your licensors, as appropriate) retain ownership of Your User Content and all intellectual property rights subsisting therein.  By creating or uploading User Content, You grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence Your User Content for the purposes of operating and promoting Our Apps

13.4            If You wish to remove User Content, You may request to do so by emailing support@moovshack.com.  Removing User Content also revokes the licence granted to Us to use that User Content.  You acknowledge, however, that caching or references to Your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control)

13.5            We may reject, reclassify, or remove any User Content created or uploaded using Our Apps where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result

 

14.               Intellectual Property Rights and User Content

14.1            All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User.  All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties

14.2            Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs

14.3            We may take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Our Apps.  Despite such measures, We do not make any representation or warranty that Your User Content will not be unlawfully copied without Your permission

 

15.               Acceptable Usage Policy

15.1            You may only use Our Apps in a manner that is lawful and that complies with these Terms and Conditions and the provisions of this Clause 15.  Specifically

15.1.1              You must ensure that You comply fully with any and all applicable local, national and international laws and/or regulations

15.1.2              You must not use Our Apps in any way, or for any purpose, that is unlawful or fraudulent

15.1.3              You must not use Our Apps to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

15.1.4              You must not use Our Apps in any way, or for any purpose, that is intended to harm any person or persons in any way

15.2            The following types of User Content are not permitted on Our Apps and You must not create, submit, communicate or otherwise do anything that

15.2.1              is sexually explicit

15.2.2              is obscene, deliberately offensive, hateful, or otherwise inflammatory

15.2.3              promotes violence

15.2.4              promotes or assists in any form of unlawful activity

15.2.5              discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age

15.2.6              is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person

15.2.7              is calculated or otherwise likely to deceive

15.2.8              is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy

15.2.9              misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 15.2)

15.2.10           implies any form of affiliation with Us where none exists

15.2.11           infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

15.2.12           is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence

15.3            We reserve the right to suspend or terminate Your Account and / or Your access to Our Apps if You materially breach the provisions of this Clause 15 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions

15.3.1              Suspend, whether temporarily or permanently, Your Account and/or Your right to access Our Apps

15.3.2              Remove any of Your User Content which violates this Acceptable Usage Policy

15.3.3              Issue You with a written warning

15.3.4              Take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach

15.3.5              Take further legal action against You as appropriate

15.3.6              Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

15.3.7              Any other actions which We deem reasonably appropriate (and lawful)

15.4            We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions

 

16.               Our Advertising

16.1            We may feature advertising within Our Apps and We reserve the right to display advertising on the same page as any User Content

16.2            You agree that You will not attempt to remove or hide any advertising using HTML/CSS or by any other method

16.3            Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising in Our Apps including, but not limited to, any errors, inaccuracies, or omissions

 

17.          Problems with Our Apps

17.1            If You have any questions or complaints regarding Our Apps, please email Us at support@moovshack.com or by using any of the methods provided on Our contact page at www.moovshack.com/contact .

 

18.               Disclaimers

18.1            No part of Our Apps or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which You should rely and is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to the legal acquisition of real estate or related professional services

18.2            Subject to Your legal rights if You are a consumer (as summarised above in Clause 16), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Apps will meet Your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure

18.3            We make reasonable efforts to ensure that the content contained within Our Apps is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Apps (and the content therein) is complete, accurate or up-to-date

18.4            We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Apps.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way

 

19.               Our Liability

19.1            To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Apps or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Apps

19.2            To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable

19.3            To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Apps or any Content (including User Content) included in Our Apps

19.4            If You are a business, We accept no liability whatsoever for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage and to the extent that we are found to be liable under any circumstances such liability is to be limited to a financial sum equivalent to the total of Your previous 12 month expenditure with us divided by 12, using the date of Our alleged liable action as the date for the purposes of calculating liability

19.5            We exercise all reasonable skill and care to ensure that Our Apps are free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of Our Apps (including the downloading of any Content (including User Content) from it) or any other Website or service that We may provide a link to

19.6            We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship

19.7            Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for Us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of applicable consumers’ legal rights, including those relating to digital content, please contact Your local Citizens’ Advice Bureau or Trading Standards Office

 

20.               Viruses, Malware and Security

20.1            We exercise all reasonable skill and care to ensure that Our Apps are secure and free from viruses and other malware. We do not, however, guarantee that Our Apps are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in Clause 19

20.2            You are responsible for protecting Your hardware, software, data and other material from viruses, malware and other internet security risks

20.3            You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Apps

20.4            You must not attempt to gain unauthorised access to any part of Our Apps, the server on which Our Apps is stored, or any other server, computer, or database connected to Our Apps

20.5            You must not attack Our Apps by means of a denial of service attack, a distributed denial of service attack, or by any other means

20.6            By breaching the provisions of sub-Clauses 20.3, 20.4 and 20.5 You may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them.  Your right to use Our Apps will cease immediately in the event of such a breach and, where applicable, Your Account will be suspended and/or deleted

 

21.               Privacy Policy

21.1        We are registered with the Information Commissioners Office (ICO) as a Membership Club (Commercial) – this is to ensure that Our agent and consumer members can interact as freely as possible while operating withing ICO GDPR guidelines. Our registration number is: ZA288490

All personal information that We may collect (including, but not limited to, Your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 1998 and Your rights and Our obligations under that Act

Your privacy is important to Us. It is Moovshack Limited's policy to respect Your privacy regarding any information We may collect from You via Our apps, Moovshack, and its associated services

21.2      Information We collect

21.2.1     Log data

When You access Our servers via Moovshack, We may automatically log the standard usage data provided by Your device. This data may include Your device’s Internet Protocol (IP) address, Your device type and version and how you use Our Apps

Additionally, when You encounter certain errors while using the apps, We automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about Your device, what You Were trying to do when the error happened, and other technical information that may have contributed to the problem.

21.2.2     Device data

Our apps may also access and collect data via Your device's in-built tools, such as:

·         Your identity

·         Location data

·         Camera

·         Microphone

·         Calendar

·         Contacts

·         Phone/SMS

·         Storage, photos and/or media

·         Notifications

·         Voice assistance

·         Background data refresh

·         Mobile data

·         Device/app history

What We collect can depend on the individual settings of Your device and the permissions You grant when You install and use the apps

21.2.3     Personal information

To improve Our services or Your user experience We may ask for personal information, such as Your

·         Name

·         Email

·         Social media profiles

·         Date of birth

·         Phone/mobile number

·         Home/Mailing address

·         Work address

·         Website address

·         Payment information

·         Driver's licence details

·         Passport number

·         Tax/SSN/Medicare/etc. number

 

21.2.4     Business data

Business data refers to data that accumulates over the normal course of operation on Our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as Well as other types of information, created or generated, as users interact with Our services

                                21.2.5     App Usage

We and / or our partners will collect and may share data on how you use our apps in order to improve features and their relevance to you. We will never share data on private messages or transactions. Note: our Instant Messaging (IM) platform is fully encrypted and not accessible to anyone except the connected users in a conversation.

21.3      Legal bases for processing

We will process Your personal information lawfully, fairly and in a transparent manner. We collect and process information about You only where We have legal bases for doing so

These legal bases depend on the services You use and how You use them, meaning We collect and use Your information only where:

·         it’s necessary for the performance of a contract to which You are a party or to take steps at Your request before entering into such a contract (for example, when We provide a service You request from Us)

·         it satisfies a legitimate interest (which is not overridden by Your data protection interests), such as for research and development, to market and promote Our services, and to protect Our legal rights and interests

·         You give Us consent to do so for a specific purpose (for example, You might consent to Us sending You Our newsletter); or

·         We need to process Your data to comply with a legal obligation

Where You consent to Our use of information about You for a specific purpose, You have the right to change Your mind at any time (but this will not affect any processing that has already taken place)

We don’t keep personal information for longer than is necessary. While We retain this information, We will protect it within commercially acceptable means to prevent loss and theft, as Well as unauthorised access, disclosure, copying, use or modification. That said, We advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, We may retain Your personal information for Our compliance with a legal obligation or in order to protect Your vital interests or the vital interests of another natural person

21.4      Collection and use of information

We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:

·         for technical assessment, including to operate and improve Our apps, associated applications and associated social media platforms

·         to provide You with Our apps and platform's core features

·         to process any transactional or ongoing payments

·         to enable You to access and use Our apps, associated platforms and associated social media channels

·         to contact and communicate with You

·         for internal record keeping and administrative purposes

·         for analytics, market research and business development, including to operate and improve Our apps, associated applications and associated social media platforms

·         to run competitions and/or offer additional benefits to You

·         for advertising and marketing, including to send You promotional information about Our products and services and information about third parties that We consider may be of interest to You

·         to comply with Our legal obligations and resolve any disputes that We may have; and

·         to consider Your employment application

21.5      Disclosure of personal information to third parties

We may disclose personal information to:

·         third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators

·         Our employees, contractors and/or related entities

·         sponsors or promoters of any competition We run

·         credit reporting agencies, courts, tribunals and regulatory authorities, in the event You fail to pay for goods or services We have provided to You

·         courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend Our legal rights

·         third parties, including agents or sub-contractors, who assist Us in providing information, products, services or direct marketing to You; and

·         third parties to collect and process data

21.6      International transfers of personal information

The personal information We collect is stored and processed in United Kingdom, France and Ireland, or where We or Our partners, affiliates and third-party providers maintain facilities. By providing Us with Your personal information, You consent to the disclosure to these overseas third parties

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means

Where We transfer personal information from a non-EEA country to another country, You acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in Our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in Our jurisdiction and this might mean that You will not be able to seek redress under Our jurisdiction’s privacy laws

21.7      Your rights and controlling Your personal information

21.7.1    Choice and consent: By providing personal information to Us, You consent to Us collecting, holding, using and disclosing Your personal information in accordance with this privacy policy. If You are under 16 years of age, You must have, and warrant to the extent permitted by law to Us, that You have Your parent or legal guardian’s permission to access and use the apps and they (Your parents or guardian) have consented to You providing Us with Your personal information. You do not have to provide personal information to Us, however, if You do not, it may affect Your use of Our apps or the products and/or services offered on or through them

21.7.2    Information from third parties: If We receive personal information about You from a third party, We will protect it as set out in this privacy policy. If You are a third party providing personal information about somebody else, You represent and warrant that You have such person’s consent to provide the personal information to Us

 

21.7.3    Restrict: You may choose to restrict the collection or use of Your personal information. If You have previously agreed to Us using Your personal information for direct marketing purposes, You may change Your mind at any time by contacting Us using the details below. If You ask Us to restrict or limit how We process Your personal information, We will let You know how the restriction affects Your use of Our apps or products and services

21.7.4    Access and data portability: You may request details of the personal information that We hold about You. You may request a copy of the personal information We hold about You. Where possible, We will provide this information in CSV format or other easily readable machine format. You may request that We erase the personal information We hold about You at any time. You may also request that We transfer this personal information to another third party

21.7.5    Correction: If You believe that any information We hold about You is inaccurate, out of date, incomplete, irrelevant or misleading, please contact Us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date

21.7.6    Notification of data breaches: We will comply with laws applicable to Us in respect of any data breach

21.7.8    Complaints: If You believe that We have breached a relevant data protection law and wish to make a complaint, please contact Us using the details below and provide Us with full details of the alleged breach. We will promptly investigate Your complaint and respond to You, in writing, setting out the outcome of Our investigation and the steps We will take to deal with Your complaint. You also have the right to contact a regulatory body or data protection authority in relation to Your complaint

21.7.9    Unsubscribe: To unsubscribe from Our e-mail database or opt-out of communications (including marketing communications), please contact Us using the details below or opt-out using the opt-out facilities provided in the communication

22.       Cookies

Our privacy policy covers the use of cookies between Your device and Our servers

A cookie is a small piece of data that an app may store on Your device, typically containing a unique identifier that allows the app servers to recognise Your device when You use the app; information about Your account, session and/or device; additional data that serves the purpose of the cookie, and any self-maintenance information about the cookie itself

We use cookies to give Your device access to core features of Our apps, to track app usage and performance on Your device, to tailor Your experience of Our apps based on Your preferences, and to serve advertising to Your device. Any communication of cookie data between Your device and Our servers occurs within a secure environment

23.       Business transfers

If We or Our assets are acquired, or in the unlikely event that We go out of business or enter bankruptcy, We would include data among the assets transferred to any parties who acquire Us. You acknowledge that such transfers may occur, and that any parties who acquire Us may continue to use Your personal information according to this policy

24.       Limits of Our policy

Our apps may link to external sites that are not operated by Us. Please be aware that We have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices

25.       Changes to this policy

At Our discretion, We may change Our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via Our apps or app delivery service. Your continued use of Our apps after any changes to this policy will be regarded as acceptance of Our practices around privacy and personal information

If We make a significant change to this privacy policy, for example changing a lawful basis on which We process Your personal information, We will ask You to re-consent to the amended privacy policy

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26.               Communications from Us

26.1            If You have an Account, We may from time to time send You important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Apps, and changes to Your Account

26.2            We will send You marketing emails, text messages or contact you by post and or telephone where We believe We have “legitimate interests” justification in doing so. Examples of legitimate interests could include products and services that We genuinely believe could help Your business or that We reasonably believe You could be interested in knowing about. You may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link. If You opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with Your request.  During that time, You may continue to receive emails from Us

26.3            For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@moovshack.com or via www.moovshack.com/contact .

 

27.               Other Important Terms

27.1            We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, You will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them

27.2            You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission

27.3            The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions

27.4            If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable

27.5            No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision

27.6            When You use Our electronic signature tools You understand and intend that the documents You are electronically signing are to be legally binding and enforceable in law.

 

28.               Changes to these Terms and Conditions

28.1            We may alter these Terms and Conditions at any time. Any such changes will become binding on You upon Your first use of Our Apps after the changes have been implemented.  You are therefore advised to check this page from time to time

28.2            In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise

 

29.               Contacting Us

To contact Us, please email Us at hello@moovshack.com or by using any of the methods provided on Our contact page at www.moovshack.com/contact .

 

30.          Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales

 

Any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

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