Your use of the App and services is subject to our Terms of Service. The Terms as laid down in the Terms of Service will also be applicable on this Policy.
What does this Policy cover?
Update and Change to this Policy:
We may, in our sole discretion, with or without notice amend, update or modify this Policy. Such amendments, updates or modifications will be effective upon publishing the same on or through the App. It is your sole responsibility to check and review this Policy regularly. Your continued access or use of the App after any such modifications or amendments shall indicate your acceptance to continue to be bound by the Policy as modified or amended. However, if the User has any question or query related to update or change in this Policy, he/she can contact us at the details given below in ‘Contact Us’ section and we will be happy to resolve any of your question or query.
For providing you maximum and customized services and for your better experience with us, we may collect your information either from you or by a method of automatically collecting your information from your activities and use of App, Website, our platform or services. However, we will employ all reasonable efforts and methods as required by the Applicable Laws to secure your consent for obtaining such information, inform you about the purpose of collecting such information and to keep you informed as to the duration and method of storage and use of your data. The data will be used for the purposes for which the User has given consent. If the User wants to withdraw their consent at a later stage, he/she can contact us at the details given below in ‘Contact Us’ section. We will look into the matter and do the needful as may be required under the Applicable Laws.
Information We collect:
During your use of our App or services, we may collect personal information, which is information that could be used to identify you, including without limitation, your name and email address ("Personal Information"), and non-personal information, which is information that is not used to identify you, such as anonymous usage data generated by your use of the Service ("Non-Personal Information"). We collect information from you in order to provide, personalize, improve and continue to operate the service as requested and expected by you. However, we will inform you about such collection of your data and by whom and for what purposes such collection is made.
When you create Account with us, you need to provide information that could be personal information which includes but is not limited to name, email address, contact number, property details and login information. By creating Account with us, you acknowledge and agree that you allow us and others to use personal information for the purposes as mentioned in this Policy, Terms of Service and as permitted under the Applicable Laws.
It is necessary for us to collect the information about your property in order to fulfill the purposes of the App including but not limited to address of your property, ownership details, proof of ownership document, details about tenant, images of the property and details regarding repair work. We may also collect other information relating to your property from tenants to be able to give them the services as asked by or required by them.
How we use your information:
Our main purpose of collection and use of your information is to provide you our service in the best possible way according to you requirements and expectations. We use your information for purposes such as: allowing you to create account, to provide our services, to send you fault reports and condition reports as asked by you, to send you further information about services, to provide self-fix guidance and instructions, to let you know about any change, update or upcoming event, to let you know or warn you about any fraudulent or illegal activities, drive future product development in line with customer platform and technology use, respond to any customer service requests, queries and concerns and sending out a newsletter, occasional product alerts or marketing communications.
Retention of your information:
Information Disclosed due to Business Transfers:
We may disclose or transfer your Personal Information to a third party after taking your consent in an event when we sell, transfer, divest, or disclose all or a portion of our business or assets to another company or entity in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding pursuant to the same.
How we share your information:
Information shared with our agents and affiliates:
We may share your information with our agents, affiliates, employees, partners (collectively, “Agents and Affiliates”) in connection with the App and its services. We will share your information to our Agents and Affiliates only when it is necessary for the purpose of providing services as requested and expected by you. We will take all reasonable measures to ensure that the privacy of your information is maintained by such Agents and Affiliates in the best possible manner as required under the applicable laws, rules and regulations.
Subject to the Applicable Laws, while availing any of the payment method/s available on the Website or App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s; any payment issues arising out of the transaction; or decline or failure of transaction for any other reason/s.
Disclosure of Data to Other Parties:
We do not sell, trade, lease or otherwise transfer to any other Party your personally identifiable information unless we have your permission or are required to do so under Applicable Law or for any reason mentioned in the provision of ‘Necessary Disclosure’. This however does not include the trusted third parties that help, enable and assist us in operating our App or Website and providing Services to you, so long as these parties agree to keep your information confidential and safe. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Also, your account is protected by password for your privacy and security. You are solely responsible for maintaining the confidentiality of your Account, Password and your Account Information, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you.
You have an option to opt out, at any time, from providing us with some or all of your information. You may be able to visit Website after choosing not to give us information but we won’t be able to provide you with our services or certain features of our services in that case. You also have an option to ask us to erase your data that you have provided to us from our system. On receipt of your request for erasure of your data, we will employ all reasonable efforts as required under the Applicable Laws to comply with your request. We will also inform other recipients of your data, including without limitation, our Agents and Affiliates, about your demand for data erasure to the extent reasonable.
Viewing and Changing Your Information:
Whenever you like to change, update, rectify or complete the information which you have provided to us or when you want to request for restriction or suppression of your information under certain circumstances, you may contact us as detailed in the Contact Us section below. We will respond and do the needful as required under the Applicable Laws. You can also change, update, rectify or complete the information which you have provided to us through the App, if the feature for such editing is provided in the App.
Third party Sites:
If you choose to join our email newsletter, the email address that you submit to us will be forwarded to the entity who provide us with email marketing services. We consider such service provider to be a third party data processor. Your email address will remain within such database for as long as we continue to use services of such Provider for email marketing or until you specifically request removal from the list. You can do this by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us using the email account that is subscribed to the mailing list.
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications. We accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.
Pseudonymous Data Storage:
In the near future we plan to implement required measures and methods to store the data in a pseudonymous fashion, i.e. storage in a way that the data would require additional processing using a separately stored ‘key’ before it could be used to identify an individual. Pseudonymisation is a requirement of the GDPR. We are committed to keeping it as a priority and will implement it on this website as soon as we are able to.
Compliance with Legislations:
We intend to comply with all the Applicable legislations related to Data Privacy including without limitation, UK Data Protection Act, GDPR in making our services available for you through website or App. The rules and regulations provided under such legislations will apply on our Services to you via Website or App. If any provision in this Policy or Terms of Service is found not to be in consonance with such legislations, it shall be deemed to be severed from the provisions of this Policy or Terms of Service, as the case may be, to the extent of such contravention. The rest of the provisions shall continue to be in force.
We will report any unlawful data breach of this website or App’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
Any complaints, abuse or concerns with regards to your data, content or breach of these provisions shall be immediately notified at info@SmartTenant.co.uk
Email ID: firstname.lastname@example.org
Contact No: 0203 0341399
These Terms of Service (the “Terms”) govern your access to and use of the Smart Tenant-Repair (“Smart Tenant”) website (the “Site”) and mobile application (the “Application", or “App”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply, collectively referred to as (“App”). By accessing or using the App, you are agreeing to these Terms.
If you do not agree to any of the Terms, you may not use the App or use any content, features, and services (the “Services”) made available by Smart Tenant. By accessing and using the App and Services, you represent and warrant that you have the right, authority and capacity to enter into this Contract and abide by the Terms mentioned below; are legally entitled to enter into this Contract, and not prohibited by law from accessing or using the App or Services, whether or not you are a registered user of the Services.
‘Smart Tenant’ is website and Mobile Application aiming to simplify the process of allowing tenant to securely report the faults that a Tenant might frequently come across by uploading images without miscommunication; sending them to landlords or agent using mobile device; tracking status of repair and providing simple easy-to-fix solution for frequently occurring problems faced by Tenants.
A. Parties: "You" and "your" refer to you, as a user of the App. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the App. "We," "us," "our" and “Company” refer to owners of Smart Tenant App.
B. Agent/Landlord: “Landlord” refers to the person who owns property and has rented property to the Tenant and “Agent” refers to the representative of the owner of property dealing with management of his property.
C. Content: Content means and includes text, images, photos, audio, video, location data, and all other forms of data or communication available on the App. “Your Content/ User Content” means Content that you submit or transmit to or in
connection with the Site, such as fault issues, images, ratings, review, queries etc. “Smart Tenant Content” means content that we create and make available in connection with the App. “Third Party Content” means content that originates from parties other than Smart Tenant or its users, which is made available in connection with the App. “App Content” means all the Content that is made available in connection with the Site, including Your/User Content, Smart Tenant Content and Third Party Content.
3. Using the App:
A. Eligibility of using:
You must be of the age of 18 years or more to use the App. You must have the capacity and authority to enter into these Terms. Also, you should not have been banned by us from using this App previously for any appropriate reason. You are permitted to use this application subject to the terms, conditions and restrictions mentioned in these terms.
You have the option of using the App without creating account via our website. However, not all the features and services can be made available to you if you choose to use the App without creating Account, for example, your details such as name, telephone number, email and property information will be required to report the repair. Your use and access to this App depends upon below mentioned conditions. You may access and use the App by creating an account or logging in with your Agent ID.
C. Requirement of Internet connection:
It will be necessary to have internet connection to be able to access and use certain features of the App. It is the responsibility of User to secure internet connection by way of Wi-Fi connection, or a mobile network provider or other medium for the purpose of using the App. It is hereby agreed and understood that securing the internet connection and accurate working of the same is a matter between the user and their internet service providers. We are not responsible for any deficiency or inaccuracy in the working of our App or Services caused due to lack of internet connection or any insufficiency or deficiency in the internet access.
It will be solely your responsibility if there is any change in the cost of data for the internet connection while accessing the services; or any other third party charges, including without limitation data roaming charges. If you are not the bill payer for the device on which you’re accessing the Services, please be aware that we assume that you have received permission from the bill payer for using the services.
Tenants can use this App without any cost. Tenants will require an agent ID to login and use the App and report issues to the landlord regarding properties occupied by the Tenants. You agree to log in with correct Agent ID. You will be required to provide some more information about you after entering your Agent ID.
Your use of your Account will be subject to following conditions:
a. You are responsible for maintaining the security of your account. You are also solely responsible for all the activities that occur in your account or in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
b. When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with Smart Tenant. Signing up for multiple Accounts and/or your failure to maintain accurate, complete, and up-to-date Account information, may result in, without limitation, your inability to access and use the Services, for which Smart Tenant will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable laws, you are solely responsible for all use of your Account, whether or not authorized by you. Smart Tenant will not be liable for any loss that you may incur as a result of someone else using your password or account or any other Account Information.
c. If Smart Tenant reasonably believes that any account is being misused in any manner, Smart Tenant shall have the right to cancel access rights of such Account immediately without notice, and block access to all users from that IP address.
6. Purpose of use:
We grant every user right to use the App/App content and services made available by App subject to these Terms of Service and all the applicable laws. You may not use the App/App content and services for any purpose which is unlawful or prohibited by these Terms. The App/App content and services are offered solely for User’s personal use for the purposes described in the Terms.
7. Prohibited Activities:
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the App, that –
a. Belongs to another person and to which you do not have any right;
b. Is incorrect, inaccurate, harmful, abusive, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or religiously objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. Infringes any Intellectual Property or other proprietary rights of any person or entity;
d. Interrupts any other person’s use of the App;
e. Violates any law for the time being in force;
f. Deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or unlawful in nature;
g. Contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You agree not to (and not to allow, encourage or enable any third party to):
a. Take any action that may impose an unreasonable load on the Services or Smart Tenant’s infrastructure;
b. Make false complaints or representations with regard to property of the Agent/Landlord for any reason;
c. Utilize any device, software, or method that will interfere or attempt to interfere with the functionality of the Services;
d. Promote a business or other commercial venture or event,
e. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the App's search results or any third party website;
f. Rent, lease, copy, provide access to or sublicense any portion of the App/App content or App services to any third party;
g. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable laws;
h. Collect or attempt to collect personally identifiable information of any person or entity without their express written consent;
i. Copy, modify or remove any Services or Content or create any derivative product from any of the foregoing;
j. Remove or obscure anything contained in the Services or Content;
k. Use the Services or Content for any illegal purpose or unauthorised use or in violation of the Terms or any applicable law;
l. Use the Services for a purpose that may interfere with any other party's use and enjoyment of any Services.
m. Attempt to gain unauthorized access to the App, User accounts, Computer Systems or Networks connected to the Site through hacking, password mining or any other means.
7. Repair and maintenance: A. Smart Tenant Repair:
Smart Tenant App provides to Tenants online self-fixing solutions and guidance for fixing issues that the tenants might come across frequently. Tenants can create ‘Repair Request’ via App by submitting the details and images of the repair issue. Our reporting app securely holds the account information and all faults reported by the Tenant. Details of each fault are sent instantly to the Landlord/Agent via email. Tenants can also track status of their issue repair. We have provided the reporting interface in 40 different languages to make it easy for users from different locations. Please note that there is no limit to the number of faults the Tenants can report via our App.
Services and Reports pursuant to ‘Repair Request’ will be based on the information made available to the App by the tenants. Smart Tenant will take all necessary steps to avoid false/misguiding/inaccurate information in delivering the quality services. However, we cannot guaranty full accuracy and guarantee hundred percent results for the same.
B. Smart Tenant inspection:
Smart Tenant Inspection is an inventory solution for Agents/Landlords. The App is used to create inventory report by adding images and details to finished bespoke reports. Agents/Landlords can also get electronically created inventory and schedule of condition reports.
8. Fix-it yourself:
Smart Tenant provides online guidance for frequently occurring repair problems that a tenant might come across. These solutions are provided under “Self Fix” section. These self-fixing solutions are provided by the experts of the applicable field on the basis of information provided by the Tenant. The results of the guidance and instructions provided under this section highly depend on the accuracy of description and details of the problem provided by the Tenant and the accuracy with which the Tenant follows the instructions and guidance given by us. The consequences or final results achieved through applying the instructions and guidance provided under “Self Fix” section may be different than what may be expected by the Tenant. We give our best efforts in providing most accurate guidance according to your needs. However, we do not hold responsibility of any kind towards any person or property in event of different results from the expectations of the Tenant or any harm, loss, damage or adverse effect to any property or person due to application of the instructions and/or guidance provided under “Self Fix” section.
9. False complaints:
We expressly prohibit you from making any false complaints or submitting any false issue or information in any manner whatsoever. Any direct, indirect, incidental, special, punitive, consequential or exemplary damages due to such false complaints to Agent/Landlord or to any third party will not be our responsibility. We hold right to terminate your account, prohibit you from using our services fully or partially, block all or any of the features of the app from your use or otherwise take necessary steps with or without notice on being aware of false, malicious or misleading issues submitted by you to us.
The App is currently available on Android and IOS platforms. We retain the right to extend the availability of our App on other platforms too. The requirements for Android, IOS and other platforms that we decide to extend the availability of the App to may require you to download any necessary updates to be able to keep using the App.
Whenever there is an update, you agree to always accept the same on new terms, if any. Updates to the App may be issued which may add, modify and/or remove app features. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms. These updates may be pushed out automatically without notice, although we intend to notify the User in advance of an upcoming update with details on what the update includes.
11. Intellectual Property Rights:
The content on the App including but not limited to text, graphic, software, game, features, material, easy-to-fix solutions, audio and video content and the like, unless otherwise stated, is subject to Intellectual Property Rights of Smart Tenant under applicable laws. You must not repost, republish, reproduce, copy or alter any of the content without express written prior permission of Smart Tenant. You must also not sell or distribute content to third parties, prepare derivative works or otherwise exploit the content. Any act on your part doing the acts prohibited by this clause will amount to infringement of our Intellectual Property Rights.
Except as otherwise set forth herein, no license is granted to User for any other purpose, and any other use of the App/ App content by user shall constitute a material breach of this Agreement. Smart Tenant retains all rights in the App and content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any Trademark or Intellectual Property of Smart Tenant or any third party is granted under these Terms.
12. User data privacy:
Your data will be collected, stored and used after obtaining your consent for the same. The data will be collected, stored and used for the purposes and duration communicated to you at the time of collection of data. The data will not be used for any other purpose for which the User has not provided consent. If the User decides to withdraw their consent, we shall consider it and take the further steps reasonably required under the applicable laws, rules and regulations to do the needful for the User.
(iii) comply with legal process or other government inquiry; (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
13. Termination of Account and Restriction on Services:
We expressly reserve all the rights and remedies under all applicable laws including the right, in our sole discretion, to refuse or restrict service, terminate your account/ part of your account, terminate/suspend your access to the services of the App, terminate this Agreement, refuse/remove any content available on the App, remove/ edit content, refuse sending reports, maintenance of repair records and status and deny access to other services as and when it seems appropriate to us with or without prior notice of violation of Terms of Service.
14. Third party links:
This App may have links which will lead you to third party. Third party links are those, clicking on which, they provide you or give you access to platforms including but not limited to third party services, content, applications, database, website, network, system, server, product or services etc. (“Third Party Site”). We do not control or endorse any Third Party Site. Subject to the applicable laws, rules, regulations including without limitation, General Data Protection Regulation (“GDPR”), we do not verify the content or products of the third party sites. Relying on content and services of the third party sites or using them will be at your own risk. Subject to the applicable laws, rules, regulations including without limitation, General Data Protection Regulation (“GDPR”), you agree that we are not responsible for the availability or contents of such Third Party Sites.
15. Limitation of liability:
We are not liable for the services which are not directly offered by us. We aim to provide services to you based on information given to us. The issues reports or self- fix reports created by the App will be based on the details provided by Tenants to us regarding the issue. We will not be liable for any difference in the issue mentioned in the report and actual issue. Fault reports, condition reports and self-fix reports are created by us on the basis of information made available to us by tenants. We will take maximum care to make and keep such reports clear and accurate. However, we will not be responsible for
any miscommunication pursuant to sending report. You agree that you will use the guidance from our ‘self-fix’ section available on our App at your own risk. We provide services based on the knowledge and experience of experts of applicable field. We will not be liable for any direct/indirect loss or damage to any person and/or property due to use of any of our Services. Subject to the applicable laws, rules, regulations including without limitation, General Data Protection Regulation (“GDPR”), we shall not be held responsible for any inappropriate content, images or third party links submitted by other users, tenants or clients on our site, platform or App.
16. Disclaimer of Warranties:
We make all the efforts to take care of your needs and keep the App accurately available and accessible for you all the time but we can’t guarantee uninterrupted and error-free services. To the extent permissible by law, your use of the App will be at your own risk. Subject to the Applicable Laws, Rule and Regulations:
A. We shall also not be responsible for any loss, damages or trouble faced by you in using the App due to circumstances out of our control.
B. The services, guidance, information and materials contained in or accessed through the App is on ‘as is’ basis and without any kind of warranty. You agree that you obtain content or otherwise receive services through App at your own discretion including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate or you might not achieve the result expected by you at the time availing our services.
C. We disclaim all the warranties of any kind express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We also disclaim all the warranties regarding effectiveness of self-fixing guidance provided by us, reports and follow up of the same by the Landlord or Agent.
Subject to the Applicable Laws, Rule and Regulations, you agree to indemnify the Company, its parents, subsidiaries, affiliates, associated companies and the respective directors, employees, contractors, partners, agents and representatives from all liabilities, claims, damages, losses, expenses , actions including without limitation attorneys’ fees arising from or relating to (i) your access, use (or misuse) of the App; (ii) Content provided or used by you; (iii) your violation of the terms of this Agreement; or (iv) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
18. General Representation and Warranties:
19. Governing Law and Jurisdiction:
These terms of services shall be governed by and construed in accordance with the laws of England and Wales.
20. Modification and Amendment in Terms:
We may at any time, in our sole discretion, with or without notice amend, update or modify these terms. Such amendments, updates or modifications will be effective immediately upon publishing on or through the App. It is your sole responsibility to check and review these terms regularly. Your continued access or use of the App after any such modifications or amendments shall indicate your acceptance to continue to be bound by the Terms as modified or amended.
21. Modification in Services:
We reserve the right, in our sole discretion, to change, suspend or discontinue any of the services at any time, for any reason and without any notice, by removing, adding, or
modifying any portion of the App. We will not be liable to you for the effect that any changes, suspension or discontinuance of services may have on you, including without limitation. If you object to any such changes, modifications, suspension or discontinuance, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.
22. Force Majeure:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including but not limited to mechanical, electronic or communications failure, degradation, natural calamity, civil disturbance or any other unforeseeable act.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We hold right to assign, transfer, sub-license or delegate any of the rights and obligations hereunder without your consent.
25. No Agency:
These terms of service do not create any partnership, agency, joint venture or employer-employee relationship and you have no authority to bind us, incur any liability or act on behalf of us.
26. No waiver:
Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. Our failure to exercise in any respect any right provided for herein shall not also be deemed a waiver of any further rights hereunder
27. Contact us:
For any query regarding the App, Services or Terms, please email us at email@example.com
Last updated: 02nd April 2018