Application End User License Agreement

Please read the terms and conditions of this agreement carefully before using the Property Manager application.

In consideration of your agreement to the terms and conditions of this agreement, we Konnexsion Property Ltd a private limited company incorporated and registered in England and Wales with company number 09977943 whose registered office is at Summit House, 170 Finchley Road, London, United Kingdom, NW3 6BP license you to use:

• The Konnexsion Property Manager web application software, the data supplied with the software, and any updates or supplements to it (the “Application”)
• The related online documentation (the “Documentation”); and
• The service you connect to via the Application and the content we provide to you through it (the “Services”).
   

This agreement is valid for as long as you hold an account with us.

YOUR PRIVACY

We only use any personal data we collect through your use of the Application and the Services in the ways set out in our Privacy Policy. 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Application or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

ADDITIONAL TERMS

In addition the use of the Application and the Services will be governed by our Website Terms of Use and Fair Usage Policy. If you are a Subscriber, your use of our Application and Services will also be governed by the terms of your software as a services agreement with us.

SUPPORT FOR THE APPLICATION AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the Application or the Services or have any problems using them please take a look at our support resources at www.konnexsion.com.

Contacting us (including with complaints). If you think the Application or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@konnexsion.com or call them on +44 20 3984 7999.

How we will communicate with you. If we have to contact you we will do so through the Application or by email using the contact details you have provided to us.

HOW YOU MAY USE THE APPLICATION

In return for your agreeing to comply with these terms you may:

• view, use and display the Application and the Services on such devices for your personal purposes only.

• use any Documentation to support your permitted use of the Application and the Service.

• receive and use any free supplementary software code or update of the Application incorporating "patches" and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APPLICATION

You must be 18 or over to accept these terms and use the Application.

YOU MAY NOT TRANSFER YOUR LICENCE TO USE THE APPLICATION TO SOMEONE ELSE

We are giving you personally the right to use the Application and the Service as set out above. You may not otherwise transfer the Application or the Services to someone else, whether for money, for anything else or for free.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Application.

By continuing to use the Application and the Service after notification of changes, you agree to changes to these terms.

UPDATE TO THE APPLICATION AND CHANGES TO THE SERVICE

From time to time we may automatically update the Application and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. These updates may change the way the Application and Services work. You acknowledge and agree that your use of the Services are entirely at your own risk and the Application and the Services are provided "as is".

IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING

If you use the Application on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Application or any of the Services, you agree to us collecting and using technical information about the devices you use the Application on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Application or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

• except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the Application or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the Application, Documentation or Services, except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Application, Documentation or Services nor permit the Application or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

  • is not used to create any software that is substantially similar in its expression to the Application;

  • is kept secure; and

  • is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Application or any Service 

ACCEPTABLE USE RESTRICTIONS

You must:

• not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application or any Service;

• not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Application, the Documentation and the Services throughout the world belong to us and the rights in the Application and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Application, the Documentation or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Limitations to the Application and the Services.

The Application and the Services are provided for general information and management purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Application or the Service. Although we make reasonable efforts to update the information provided by the Application and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the Application and the Services are suitable for you.

The Application and the Services have not been developed to meet your individual requirements and may not be developed to meet your individual requirements in the future. Please check that the facilities and functions of the Application and the Services meet your requirements during the trial period.

We are not responsible for events outside our control.

If our provision of the Services or support for the Application or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APPLICATION AND THE SERVICES IF YOU BREAK THESE TERMS OR FOR ANY REASON 

We may end your rights to use the Application and Services for any reason at any time, including if you have broken these terms in a serious way. If what you have done can be put right we may give you a reasonable opportunity to do so.

If we end your rights to use the Application and Services:

• You must stop all activities authorised by these terms, including your use of the Application and any Services.

• You must remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have and confirm to us that you have done this.

• We may remotely access your devices and remove the Application from them and cease providing you with access to the Services.

YOUR CONTENT

When using the Application or Services to create or upload content, you must do so in accordance with the content policies set out in our Website Terms of Use and, if applicable, in accordance with the terms of your agreement with us as a Subscriber.

The Application and Services may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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 in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

THRID PARTY SERVICES AND INTEGRATIONS

The Konnexsion application allows you to integrate with other 3rd party solutions. We make it clear to you when you are taking service from a 3rd party even though subscription and costs may continue to be charged via your Konnexsion Subscription. There may be additional terms of the 3rd Party you will be required to abide by when taking these services. These terms may themselves change from time to time. These terms are listed below.

eSignature Services provided by Signable

By enabling eSignature Services provided by Signable you agree to the following terms: https://www.signable.co.uk/terms-conditions/

Phone and Text Message Services provided by Twilio

By enabling Phone and Text Message Services provided by Twilio you agree to the following terms: https://www.twilio.com/legal/tos

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these 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.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.