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Terms and Conditions of Use Agreement

The Manage Your Property Ltd (MYP) Portal and document delivery, storage and retrieval service (The Service) is provided by Manage Your Property Limited, of Woodside House, Winchester Road, Goodworth Clatford, Hampshire. SP11 7HN. The Service provides generic property information and guidance, and a set of online document and file storage services which allows Clients and their authorised users (Users) to store files online, access them remotely, share them with other authorised users and to download them

The Terms and Conditions of Use Agreement (Agreement) for Service is set out below and constitutes legally binding terms and conditions for Users of The Service, including MYP websites, portal, software applications, content and any other features made available from time to time.

By using MYP website(s), portal, document and file storage services, User agrees to be bound by this Agreement. If User does not accept this Agreement, User is not authorised to use MYP websites and should leave and discontinue use of The Service.

MYP may modify this Agreement from time to time and such modification shall be effective upon posting by MYP on the MYP Website(s). If User does not agree with such modification User should cease using The Service. User agrees to be bound to any changes to this Agreement when using The Service after the modification has been posted. It is therefore important that User reviews this Agreement regularly to ensure User is updated as to any changes.

User Licence

The MYP Service requires User to access via a secure log-in facility based upon User Name, Password and other security features which may be in use from time to time. MYP licences the User to use MYP following each successful log in, subject to the following terms:-

1) Prohibited Use:

Use of The Service is not permitted where prohibited by law.

2) User Warranty:

By logging in or using The Service, User represents and warrants that:

a) User has been duly authorised to use The Service by MYP or by a bona fide customer of MYP, and such authorisation has not been terminated for any reason.

b) If such authorisation is subject to payment of a subscription or fee, then such subscription or fee has been paid.

c) User will not allow any party to have access to The Service or a location in The Service for which such party is not authorised.

d) User’s use of The Service does not violate any applicable law or regulation

e) User’s personal information in The Service is accurate and up-to-date.

f) User will keep User name, Password and any relevant security information confidential and will notify MYP customer support if User suspects any unauthorised use.

g) User is solely responsible for any and all use of The Service using the User’s details and information.

h) User will not use The Service in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will User authorise or permit any other party to do so.

3) Restricted Usage:

Without limiting the foregoing, User will not use or permit the use of The Service for any of the following activities:

a) Criminal or other illegal activity, including without limitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; terrorism.

b) Advertising to, or solicitation of, any other User to buy or sell any products or services through The Service.

c) Any automated use of The Service, such as using scripts to add users or documents in bulk, save with the express permission of MYP.

d) Interfering with, disrupting, or creating an undue burden on The Service or any networks or services linked to The Service.

e) Attempting to impersonate another User or party, including using the account, username, or password of another User at any time.

f) Selling or otherwise transferring access rights including disclosing User access details to any third party or permitting any third party to access User’s account.

g) Using any information obtained from The Service in order to harass, abuse, or harm another person;

h) Using The Service in a manner inconsistent with any and all applicable laws and regulations.

4) Rights to Upload:

User warrants that it has sufficient rights and permissions to upload documents or files (User Material) to The Service, for all documents and files uploaded to The Service:

a) Ownership rights to User Material are not affected by such upload. In particular, by such action, MYP denies ownership rights in generality and makes no claim to additional ownership rights if such rights pre-exist.

b) User represents and warrants that User upload of User Material to The Service does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights and trademarks), contract rights or any other rights of any person. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Material uploaded by User to The Service.

c) Without limiting the foregoing, User will not upload any User Material to The Service which:

i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii) harasses or advocates harassment of another person;

iii) exploits people in a sexual or violent manner;

iv) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

v) solicits personal information;

vi) promotes information that User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

vii) promotes an illegal or unauthorized copy of another person’s copyrighted work, including providing pirated music or links to pirated music files;

viii) includes images or photographs where User does not have the copyright owner’s prior written permission to upload;

ix) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;

x) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

xi) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

xii) involves commercial activities and/or sales without MYP prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

5) MYP responsibility:

User acknowledges MYP responsibilities and where applicable grants MYP rights as follows:-

a) MYP will take technical and organisational measures against unauthorised or unlawful processing of data and information including User Material and against accidental loss or destruction or damage to such data and information as are consistent with levels of security applied by the banking industry.

b) MYP may delete from The Service any User Material that in the sole judgment of MYP violate this Agreement or which MYP deems inappropriate.

c) MYP assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any User Material unless MYP has been negligent. Without limiting the foregoing, MYP may irreversibly delete User Material when the provision of The Service to User is terminated.

d) User is solely responsible for the User Material uploaded to The Service, and for User interactions with other Users.

e) MYP does not endorse and has no control over the User Material. User Material is not reviewed by MYP and does not necessarily reflect the opinions or policies of MYP.

f) MYP makes no warranties, express or implied, as to the User Materials or to the accuracy and reliability of the User Material or any material or information that User transmits to any other User.

g) MYP assumes no responsibility for monitoring The Service for inappropriate User Material or conduct.

h) If at any time MYP chooses, in its sole discretion, to monitor The Service, MYP nonetheless assumes no responsibility for the User Material, no obligation to modify or remove any inappropriate User Material, and no responsibility for the conduct of the User uploading any such User Material.

i) The Service contains User Material and other intellectual property and content owned by MYP (MYP Content). MYP Content is protected by copyright, trade secret and other laws. MYP owns and retains all rights in The Service and the MYP Content. MYP hereby grants User a limited, revocable, non-sub-licensable license to reproduce and display MYP Content (excluding any software code) solely for User’s use in connection with viewing the MYP Website(s) and using The Service

6) Copyright Policy:

a) User may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. MYP reserves the right to terminate access privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MYP by the copyright owner or the copyright owner’s legal agent.

b) Without limiting the foregoing, if User believes that User’s property has been copied and posted on The Service in a way that constitutes copyright infringement, User shall provide MYP with the following information:

i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

ii) a description of the copyrighted work that User claims has been infringed;

iii) the location of the infringing material on The Service;

iv) User address, telephone number, and email address;

v) a written statement by User of a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

vi) a statement by User, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

7) Resellers:

By separate agreement, MYP may authorise User to sell The Service under User’s own brand for the direct use of User clients only. User may not permit User clients to resell the services. User is not an agent of MYP.

a) If User is or becomes a reseller of The Service User will continue to be bound by these terms and conditions and be responsible for ensuring that User clients are bound by terms and conditions that adequately reflect and give effect to this Agreement.

b) User shall not incur or purport to incur on MYP behalf any liability nor in any way pledge or purport to pledge MYP credit or to make any contract binding on MYP.

c) No default by User clients shall in any way affect, modify or limit User obligations under this Agreement.

8) Term and Termination:

a) This Agreement shall remain in full force and effect while a party is a User or Client or Reseller of The Service.

b) MYP may suspend the provision of The Service to User and/or terminate provision without notice to User if User:

i. fails to pay any sums due to MYP as they fall due;

ii. breaches any term of this Agreement;

iii. is a company and goes into liquidation or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with their creditors;

c) MYP reserves the right, in its sole discretion, to suspend the provision of The Service to any User and/or terminate usage at any time, without warning.

9) Privacy:

Use of The Service is also governed by the MYP Privacy Policy, which is incorporated into this Agreement by this reference.

10) Indemnity:

User shall indemnify MYP and keep MYP indemnified and held harmless from and against any breach by User of this Agreement and any claim brought against MYP by a third party resulting from the provision of The Service by MYP to User and including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by MYP in consequences of User breach or non-observance of any of the terms of this Agreement including if any User Material posted on the MYP Websites or through The Service causes MYP to be liable to another.

11) Limitation of Liability:

a) MYP will not be responsible for any incorrect or inaccurate content uploaded to the MYP Websites or in connection with The Service, whether caused by Users of The Service or by any of the equipment or programming associated with or utilised in The Service.

b) MYP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on The Service or any combination thereof.

c) MYP is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of, any User Material uploaded to The Service by User.

d) The MYP Website may contain links to other websites. MYP is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MYP. Inclusion of any linked website on The Service does not imply approval or endorsement of the linked website by MYP. When User accesses these third-party sites, User does so at own risk.

e) MYP is not responsible for the conduct, whether online or offline, of any User of The Service.

f) All conditions, terms, representations and warranties relating to The Service supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law.

g) Nothing in these terms and conditions shall exclude MYP liability for death or personal injury resulting from MYP negligence.

h) MYP total aggregate liability to Client or User for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of The Service shall be limited to the amount paid by Customer or User to MYP in respect of the services which are the subject of any such claim.

i) In any event no claim shall be brought unless MYP is notified of the claim within one month of it arising.

j) In no event shall MYP be liable for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

12) Non-Waiver

Any forbearance or failure by MYP to enforce a provision to which User is subject shall not affect MYP right to require such performance at any subsequent time, nor shall the waiver or forbearance by MYP of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

13) Law

This Agreement shall be governed by and construed in accordance with English law and User hereby submits to the exclusive jurisdiction of the English Courts.

14) Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

15) Entire Agreement

Except where expressly acknowledged by MYP in a prior dated agreement between User and MYP, these terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between User and MYP relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between User and MYP in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, User confirms that User has not relied on any representation other than those expressly stated in this Agreement and User agrees that User has no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

This Terms & Conditions of Use Agreement is dated September 2013.