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MOVESTREETS LIMITED – END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THE APPSTORE OR USING THE APP.
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and MoveStreets Limited (“us”, “we” or “our”, as applicable) for:
● the MoveStreets mobile application software and all data and content supplied with the software (“App”); and
● all accompanying electronic documents, including those made available online, supplied in connection with the App (“Documents”).
We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by the application e-store provider or operator (“Appstore”) from whose site or platform you downloaded the App (“Appstore Rules”). If there is any inconsistency or conflict between the terms of this EULA and those of the Appstore Rules, the terms of the Appstore Rues will prevail. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
OPERATING SYSTEM REQUIREMENTS
This App requires the following devices with internet access for the App to operate:
● an [Apple iPhone 6s] or above running [iOS version 13.5] or above to operate the iOS version of the App available for download from the Apple Appstore;
● a mobile phone running Android [version 8.0] or above to operate the Android version of the App available for download from the Google Play Appstore; and
● a mobile phone running [Windows 10 mobile] to operate the Windows phone version of the App available for download from the Microsoft Appstore.
● IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.
You should print or save a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App and the Services, including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Services, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not wish to accept the new terms you must delete the App from your device(s).
1.3 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, from time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version and accepted any new terms.
1.4 You will be assumed to own the mobile telephone or handheld devices on which you download and install a copy of the App (or, if you do not own but control such device, that you have obtained permission from the owners) (“Devices”). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6 By using the App or any of the Services, you acknowledge and agree that we may collect and use non-personal, technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 If you give your consent, the Services will make use of location data sent from your Device. You can turn off this functionality at any time by turning off the location services settings for the App on your Device. If you turn on location services on your Device, we will collect, process and use your location data to provide and improve location- based products and services that we offer through our App. You may withdraw your consent at any time by turning off the location services settings from your Device.
1.8 The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 In relation to the iOS version of the App, we and you acknowledge that MoveStreets Limited, and not Apple Inc, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2 GRANT AND SCOPE OF LICENCE
2.2 You may:
2.2.1 download a copy of the App onto 5 Devices (or the number of Devices permitted by the Appstore Rules, if greater) and to view, use and display the App on the Devices for your personal purposes only; and
2.2.2 use the Documents for your personal purposes only.
3 LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving inter-operability of the App with another software program;
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software that is substantially similar to the App;
3.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”),
together, the “Licence Restrictions”.
4 ACCEPTABLE USE RESTRICTIONS
4.1 You must:
4.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.5 not collect or harvest any information or data from the App or our systems, or attempt to decipher any transmissions to or from the servers running any Service,
together, the “Acceptable Use Restrictions”.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6 PROMISES, DISCLAIMER AND LIMITATION OF LIABILITY
6.2 We both acknowledge that as between MoveStreets Limited and the Appstore, we (and not the Appstore) are solely responsible for: (i) addressing any valid claims made by you or a third party in relation to the App or your use of it; and (ii) for the investigation, defence, settlement and discharge of any valid claim for intellectual property infringement by a third party, in each case to the extent such responsibilities are not disclaimed under the terms of this EULA.
6.3 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
6.5 THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE APP AND THE SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION THAT APPEARS ON THE APP AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
6.6 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS RESULTING FROM YOUR USE OF THE APP AND DOCUMENTS. WE ONLY SUPPLY THE APP AND DOCUMENTS FOR YOUR PRIVATE USE AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR LIABILITIES RELATING TO YOUR USE OF OR RELIANCE ON THE APP OR YOUR INABILITY TO ACCESS OR USE THE APP.
6.7 NOTHING IN THIS EULA SHALL AFFECT OR REDUCE YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW OR TO LIMIT OR EXCLUDE OUR LIABILITY FOR:
6.7.1 DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
6.7.2 FRAUD OR FRAUDULENT MISREPRESENTATION; AND
6.7.3 ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
6.9 IN THE EVENT OF ANY FAILURE OF THE iOS VERSION OF THE APP TO CONFORM TO ANY WARRANTY PROVIDED BY US UNDER THIS EULA, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU IF YOU HAVE PURCHASED THE APP FROM THE APPLE APP STORE.
7.1 We may terminate this EULA immediately by written notice to you:
7.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
7.1.3 if we withdraw the App from the Appstore or cease to provide the Services for any reason.
7.2 On termination for any reason:
7.2.1 all rights granted to you under this EULA shall cease;
7.2.2 you must immediately cease all activities authorised by this EULA, including your use of the Services; and
7.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
8 COMMUNICATION BETWEEN US
8.1 If you want to learn more about the App or any Service or have any problems using them please take a look at our support resources at movestreets.com.
8.2 If you think the App or any Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected] or call them on +441617130045.
8.3 If you wish to contact us in writing (including in relation to any questions, complaints or claims), or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to [email protected] or 49/51 Dale Street Manchester M1 2HF. We will confirm receipt of this by contacting you in writing, normally by e- mail.
8.4 If we have to contact you, we will do so by e-mail or by pre-paid post, using the contact details you have provided to us.
9 EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
9.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
9.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10 OTHER IMPORTANT TERMS
10.1 We both acknowledge and agree that, in respect of the iOS version of the App, Apple Inc and its subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to enforce these terms of this EULA against you as a third party beneficiary. Except as provided in this Condition 10.1, this EULA does not create any right enforceable by any person who is not a party to it.
10.2 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.3 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
1.1 We are MoveStreets Limited (“MoveStreets”, “we”, “our”, “us”), a company registered at Companies House under number 10595239 whose registered office is at 49/51 Dale Street, Manchester, M1 2HF.
1.4 To make these terms and conditions quicker to read, we use a few definitions. We refer to users that have registered for a MoveStreets account as “Users”; to the letting agents for the residential properties that Users can view using MoveStreets as “Agents”; to any bookings the User makes to view a residential property via MoveStreets as “Viewings” and to the electronic mobile device that a User uses to run the App as a “Device”.
1.5 Please read the Terms carefully before you use MoveStreets, or start to use the Services, as these will apply to your use of the Website and App and the Services available through them. In particular, please read the terms relating to the limitations of our liability to you below in paragraph 7 under the heading ‘Promises, liability and disclaimer’, before arranging any Viewings.
1.6 By using MoveStreets you confirm that you accept the Terms and that you agree to comply with them. If you do not accept the Terms, you should not access our Website or use the App, nor use any Services.
2 Our role
2.1 We provide MoveStreets to allow Users to view residential properties and arrange Viewings with Agents. Accordingly, our role is to facilitate the arranging of Viewings between Users and Agents through MoveStreets. We are not an estate agent, nor are we an agent of the Agents (or the landlords of any properties) and we have no continuing authority to negotiate, deal with, manage, conduct or arrange any Viewings for, or the lettings or sale of, any residential properties on behalf of Agents or any landlords.
2.2 We are not involved in, and bear no responsibility for, the actual transactions between Users and Agents, or Users and property landlords. All contracts relating to Viewings or the letting or sale of any property is made directly between the User and the Agent and/or the User and the property owner, as applicable. The responsibility for compliance and enforcement of all obligations under any contract between the User and any third party is as between the User and such third party.
2.3 Whilst we may provide relevant information from the Agent as part of our Services (e.g. property descriptions, images, EPC information, rental charges), such information is for information only. We have no control over, and are not in any way responsible for, any of the information provided or the existence, quality, safety or legality of the properties advertised, nor do we provide any suggestion, advice, recommendation or guidance as to the appropriate requirements for a User.
3 Accessing and using the Services
3.1 To use the Services or arrange a Viewing you must:
3.1.1 be at least 18 years of age;
3.1.2 register for the Services by creating an account on MoveStreets; and
3.1.3 if you wish to use the Services via the App, download the App from an Appstore and install it on a compatible Device that has an internet connection.
3.2 We try to make the Services available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
3.3 You must make sure that all the information you provide when registering for a MoveStreets account and arranging a Viewing is true, accurate, current and complete.
3.4 If you change any of your registration details (e.g. name, e-mail address, postal address or telephone number) you must promptly update your MoveStreets account.
3.5 To help us maintain the security of the Services, you must keep your registration and login details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an e-mail at [email protected]
3.6 If you have breached, or we have justifiable reason to believe that you have breached, or will breach, the Terms, we may terminate or suspend your registration and/or access to the Services including access to your MoveStreets account, and we may take legal action against you or report you to the relevant authorities. We may also remove any User Generated Content uploaded by you at our sole discretion and without having to give any reason.
3.7 You can close your MoveStreets account at any time. If you would like to do so, please visit the account section of the Website or App, or contact us by e-mail at [email protected]
4 Your privacy
4.1 We take your privacy very seriously. Please read our Privacy Notice for information about how we use your personal information on MoveStreets.
4.2 We may send service notifications and other messages to you by e-mail, via the App or, where you agree by configuring the settings on your Device, using push notifications.
5 Your content
5.1 Any content that you submit to us when using MoveStreets such as any text or any profile picture for your account is generally known as ‘user generated content’ (“User Generated Content”). Any User Generated Content will be considered non-proprietary and non- confidential and we have the right to use User Generated Content for any purpose.
5.2 You promise to us that all your User Generated Content:
5.2.1 is accurate, true and up-to-date in all respects at all times and is not misleading in any way;
5.2.2 is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
5.2.3 does not contain any personal information relating to any person other than you unless you have their express permission. Personal information is any information that could potentially identify an individual such their name, e-mail address, or a photograph of them; and
5.2.4 is owned by you or you have permission to use the User Generated Content and information by the owner.
6 Our content
6.1 “Our Content” means any information, data or other material on MoveStreets or created or produced as part of the Services, including without limitation text, databases, graphics, videos, software and all other features found on or via MoveStreets and the Services (excluding any User Generated Content).
6.2 Our Content including but not limited to text, images, brand names and logos is owned by us or our licensors and is protected by UK and international copyright and other intellectual property laws.
6.3 The trade marks appearing on MoveStreets and related to the Services including ‘MoveStreets’ and the MoveStreets logo are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
6.4 You may not use any of Our Content without prior written permission from us. In particular, you must not in any circumstances:
6.4.1 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content;
6.4.2 breach or circumvent any laws, third party rights or our policies;
6.4.3 copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store outside the Website or App, in part or in whole, any of Our Content;
6.4.4 use Our Content to compile a database of, or re-create the whole or substantial part of that content by making repeated and systematic copies of insubstantial parts of, any of that content;
6.4.5 alter, modify or circumvent, or attempt to circumvent, any copy protection and/or digital rights management measures within the Website and App or their content;
6.4.6 use the App or the Services or its content in such a way that breaks the terms of the EULA;
6.4.7 use MoveStreets or the Services for any illegal purpose. In particular, you will not interfere with or disrupt the Services or servers or networks connected to MoveStreets or the Services, or disobey any requirements, procedures, policies or regulations of networks connected to them; or
6.4.8 sublicense, sell or rent access to MoveStreets or the Services or Our Content.
6.5 You shall not carry out data mining, screen scraping or crawling of MoveStreets or the Services or any content made available through them or use any process or processes that sends automated queries to the Services unless you have obtained our prior written consent.
7 Promises, liability and disclaimer
7.1 MOVESTREETS AND THE SERVICES ARE PROVIDED TO YOU AND ALL USERS ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO MOVESTREETS AND THE SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION PROVIDED BY MOVESTREETS OR THE SERVICES AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.
7.2 YOU AGREE THAT YOUR ACCESS AND USE OF MOVESTREETS AND THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT HAVE ANY KNOWLEDGE OF, OR CONTROL OVER, THE PARTICULAR PURPOSES FOR WHICH THE INFORMATION AND CONTENT AVAILABLE THROUGH THOSE SERVICES IS USED. THE CONTENT AND INFORMATION THAT WE MAKE AVAILABLE BY THE SERVICES IS PROVIDED FOR INFORMATION ONLY. ACCORDINGLY, WE EXCLUDE ANY AND ALL LIABILITY FOR ANY LOSS OF ANY NATURE SUFFERED BY YOU AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF ANY OF THE INFORMATION OR CONTENT AVAILABLE ON MOVESTREETS OR BY THE SERVICES OR OF MAKING ANY DECISION, OR REFRAINING FROM MAKING ANY SUCH DECISION, BASED WHOLLY OR PARTLY ON ANY EXPRESSION OF OPINION, STATEMENT OR OTHER INFORMATION CONTAINED IN THE CONTENT AVAILABLE ON MOVESTREETS AND BY THE SERVICES.
7.3 BY USING THE SERVICES YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS, CHARACTERISTICS AND LIMITATIONS OF THE INTERNET, PARTICULARLY IN TERMS OF TECHNICAL PERFORMANCE OF MOVESTREETS AND THE SERVICES, RESPONSE TIMES TO VIEW, VERIFY OR TRANSFER INFORMATION AND THE RISKS INHERENT IN ALL THIRD PARTY LINKS, CONNECTIONS AND TRANSFERS VIA THE INTERNET. ACCORDINGLY, WE DO NOT MAKE ANY PROMISES ABOUT THE AVAILABILITY OR ACCESSIBILITY OF MOVESTREETS OR THE SERVICES OR PROMISE THAT YOUR ACCESS TO THEM OR THE CONTENT PROVIDED THROUGH THEM WILL BE DELIVERED UNINTERRUPTED, IN A TIMELY MANNER OR ERROR-FREE.
7.4 WE MAKE NO PROMISES IN RESPECT OF ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, TROJAN HORSE, CANCELBOT, LOGIC BOMB OR ANY OTHER FORM OF PROGRAMMING ROUTINE DESIGNED TO DAMAGE, DESTROY OR OTHERWISE IMPAIR A DEVICE'S FUNCTIONALITY OR OPERATION INCLUDING TRANSMISSION ARISING FROM YOUR DOWNLOAD OF ANY CONTENT, SOFTWARE YOU USE TO DOWNLOAD THE CONTENT, THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE. IN THIS RESPECT YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO INSTALL SUITABLE ANTI-VIRUS AND SECURITY SOFTWARE ON YOUR COMPUTER HARDWARE AND OTHER DEVICES TO PROTECT AGAINST ANY SUCH BUGS, VIRUSES OR OTHER SUCH HARMFUL PROGRAMMING ROUTINES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MOVESTREETS AND THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
7.5 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; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE SERVICES.
7.6 EXCEPT AS SET OUT ABOVE IN THIS PARAGRAPH 7, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON IN RELATION TO:
7.6.2 ANY BUSINESS LOSSES. MOVESTREETS IS NOT FOR COMMERCIAL OR BUSINESS USE BUT IF YOU USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY; OR
7.6.3 ANY USER GENERATED CONTENT YOU SUBMIT TO US.
8 Your obligation to compensate and reimburse us in full if you break these Terms
8.1 You agree only to use MoveStreets and the Services in accordance with these Terms. You agree that you will compensate and reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise as a result of you breaking any of these Terms. This includes any actions you take which disrupt access to and/or the functioning of the Services or any liability we incur as a result of the use of MoveStreets or the Services by you and any other person that uses your account (except where such use arises from our negligence).
9 Your legal rights
9.1 Nothing in these Terms will affect your legal rights. For detailed information regarding your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
10 Third party software and services
10.1 You acknowledge that you may need to download and activate certain software in order to use the App and the Services (for example updates to the operating system of your Device). The minimum requirements will be set out in the EULA and/or the relevant listing for the App on the App Store.
10.2 In order to use such third party software or services, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software and services or their availability.
11 Links to third party websites
11.2 We do not therefore endorse or make any promises about them or any content found there or any results that may be obtained from using them. If you decide to access any of these third party websites, you do so entirely at your own risk.
12 General comments, feedback and requests for further information
12.1 If you have any general comments or wish to request further information about the Terms, MoveStreets or the Services, please contact us using the ‘Contact Us’ section of the App, visiting movestreets.com, or e-mailing us at [email protected]
12.2 Your feedback and suggestions about MoveStreets and the Services are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
13 Other important terms
13.1 Written communications. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
13.2 Language. The Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
13.3 Our reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
13.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
13.5 We may transfer the agreement between us to someone else. We may transfer our rights and obligations under the Terms to another organisation.
13.6 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under the Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war), our inability or delay in performing our obligations will not be deemed to be in breach of contract.
13.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.9 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.10 Even if we delay enforcing the Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of you breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.11 Which laws apply to the Terms. The Terms are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Terms in either the Northern Irish or the English courts.
13.12 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Agent has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
MOVESTREETS PRIVACY NOTICE
This Privacy Notice explains how MoveStreets Limited, company number 10595239, (“MoveStreets”, “we”, “us”, “our”), collects, uses, shares and otherwise processes your Personal Data in connection with your use of MoveStreets (either via our app or website at movestreets.com) or being generally interested in our services and our publications in accordance with applicable data privacy laws. Should you have any questions about this Privacy Notice you can contact us at [email protected] or at the address mentioned below.
We may provide supplemental privacy notices on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your Personal Data. Those supplemental notices should be read together with this Privacy Notice.
MoveStreets is the controller of the Personal Data that we collect. A “controller” is an organisation that decides why and how your personal information is processed.
The term “Personal Data” as used in this Privacy Notice means any information relating to you such as your name and contact details. Personal Data does not include data from which you can no longer be identified such as anonymised or aggregate data.
What information do we collect about you and how do we collect it?
Personal Data you give to us: we collect the Personal Data that you give to us via our website or app, on forms you complete (on paper or electronically) and over the phone, email or other means of communication. The information we collect includes your name, contact information (email address and telephone number), location (if enabled on your device), preferred location, property requirements, saved properties, your login information, feedback and any other information you submit via the website or app including details of the type of property you are interested in (for which we will build a profile of your interests from your likes and dislikes and interactions with MoveStreets) and the cost and location of the property, enquiries, and desired viewing times. We also keep a record of your marketing preferences.
Personal Data we receive from other sources: we obtain information about you from other sources, as follows:
● if you are selling or looking to let your property, your estate agent will have given us details about your property – your estate agent should inform you about the purposes for which this information is used in their own privacy notice.
How do we use Personal Data?
The purposes for which we use your Personal Data and the legal bases under data protection laws on which we rely to do this are as follows (as relevant):
● Performance of the contract with you or to take steps to enter into it. This includes dealing with enquiries or complaints and communicating with you in relation to the service we’re providing to you.
● Our legitimate interests or that of a third party for the following purposes:
o to display properties that are currently on the market for sale or rent (or which may be under offer etc.) and to match you with properties that we believe meet your interests – this is based off of information you have provided to us and from our analysis of your likes and dislikes and
your other interactions, which together build a profile of your interests;
o to respond to and deal with any queries we receive;
o to enhance and personalise your user experience by analysing patterns and
customer behaviours and using your location or preferred location data to show properties that are relevant to you. We may contact you to ask you about your experiences (we may engage a market research company to contact you on our behalf);
o to carry out marketing activities (other than where we rely on your consent) e.g. to tailor marketing communications or send targeted marketing messages via social media and other third party platforms;
o if you’re a corporate contact, to send you direct marketing via email, post or phone;
o for management and audit of our business operations including statistical analysis and accounting;
o to monitor communications between us to prevent and detect crime, to protect the security of our communications, systems and procedures, and for quality control and training purposes;
o for network and information security in order for us to take steps to protect your information against loss, damage, theft or unauthorised access; and
o to notify you of any changes to this Privacy Notice.
● Compliance with a legal obligation. This includes when you exercise your legal rights under data protection laws, to verify your identity, for the establishment and defence of our legal rights, for activities relating to the prevention, detection and investigation of crime, and for compliance with our legal and regulatory responsibilities.
● Consent. Where we have your consent, to use it for direct marketing communications (unless we rely on our legitimate interests). You can withdraw your consent to marketing at any time by following the unsubscribe instructions in the relevant communication.
Accuracy of information
It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes during your relationship with us.
What if you do not provide the Personal Data we request?
It is in your sole discretion to provide Personal Data to us. If you do not provide us with all or some of the Personal Data we request, we may not be able to provide all or some of our services to you, enter into a contract with you or to send you requested marketing or other information.
Change of purpose, anonymisation
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. In some circumstances we may anonymise your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
With whom will we share your information?
When using your Personal Data for the purposes and on the legal basis described above, we may share your Personal Data with the following third parties:
● If you make enquiries or wish to arrange a viewing of a property, we will share your contact details with the relevant estate agent so that they can connect with you and respond to your enquiry and/or arrange a viewing. Once you make an enquiry, which we will pass on to the relevant estate agent, that estate agent is responsible for your information and their privacy notice applies to their use of your information.
● Third parties acting on our behalf, such as our systems provider, our contracts manager system, back-up and server hosting providers, IT software and maintenance providers and their agents, and third parties that provide customer support services, claims handling services, communication fulfilment services and market research agencies.
● Law enforcement agencies in order to detect, investigate and prevent crime.
● Courts in the United Kingdom or abroad as necessary to comply with a legal requirement, for the administration of justice, to protect vital interests and to protect the security or integrity of our business operations.
● Any third party who is restructuring, selling or acquiring some or all of our business or assets or otherwise in the event of a merger, re-organisation or similar event, including where we transfer your agreement to a third party.
● Our professional advisors and auditors as necessary.
Where is your information stored?
For the purposes described above we may transfer your Personal Data from the UK to a location outside of the UK and to a jurisdiction not being subject to an adequacy decision of the European Commission. We will always ensure that there is a legal basis and a relevant safeguard method for such data transfer so that your Personal Data is treated in a manner that is consistent with and respects the UK laws and other applicable laws and regulations on data protection. We have put in place standard contractual clauses as our safeguard method. If you require further information about this please contact is at [email protected]
Your rights in relation to your information
You have rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
● request access to your Personal Data (commonly known as a “data subject access request”) and request certain information in relation to its processing;
● request rectification of your Personal Data;
● request the erasure of your Personal Data;
● request the restriction of processing of your Personal Data;
● object to the processing of your Personal Data;
● withdraw your consent where we rely on it (please see further information on this right below);
● transfer of your Personal Data.
Your ability to exercise your rights depends on the legal basis on which we have relied to process your Personal Data, therefore there may be some limitations as to how or if you can exercise these rights.
If you want to exercise one of these rights please contact us at [email protected]
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, or, as the case may be, any other competent supervisory authority of an EU member state.
You will in general not have to pay a fee to exercise any of your individual rights mentioned in this Privacy Notice. However, we may charge a reasonable fee if your request to exercise your individual rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Right to withdraw consent
Where you have provided your consent to the processing of your Personal Data, you have the right to fully or partly withdraw your consent. To withdraw your consent, please contact [email protected] Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. In case we processed your Personal Data for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your Personal Data for such marketing purposes.
How long will we retain your information?
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymise your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data. Upon expiry of the applicable retention period we will securely destroy your Personal Data in accordance with applicable laws and regulations.
If you have signed up to receive marketing from us we will retain your Personal Data for as long as you are subscribed to our marketing list. If you unsubscribe, we will keep your details on our suppression list to ensure that we do not send you further marketing.
We may hold your information for a longer or shorter period from that described above where:
● the law requires us to hold your personal information for a longer period, or delete it sooner;
● you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law; and
● in limited cases, the law permits us to keep your personal information indefinitely provided we put certain protections in place.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will make an updated copy of such privacy notice available on our website and on the app.
If you have any concerns or require any further information, please do not hesitate to contact us at [email protected] or 49/51 Dale Street, Manchester, M1 2HF.