Welcome and thank you for using MyPropertyCheckIn.com (a product of MPP Tech Ltd.).
Any reference to site, website, mobile apps, or software are encompassing of all software products provided by MPP Tech Ltd. When you use our products and services, you are agreeing to our terms and conditions, so please take a few minutes to read the agreement below.
Note: You are entering into a legally binding agreement and you agree to all of these terms (The General Terms).
1. These General Terms are agreed between
a) MPP Tech Ltd. Our company number is 9550908 and our registered address is 31-33 High Holborn, London WC1V 6AX. We also operate under the name of MyPropertyCheckIn.com (“MPP”, “MyPropertyCheckIn”, “we”, “us”, “our”).
b) You (the !Customer”,”you” and “yours”) when you use the online MyPropertyCheckIn services (whether on a trial period or monthly paid subscription) (the “Services”) on our website www.MyPropertyCheckIn.com (the “Site”).
a) In the General Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:
i. All references to Clauses are, unless otherwise expressly stated, references to the Clauses of these General Terms.
ii. The headings in the General Terms are inserted for convenience only and shall be ignored in construing the General Terms.
iii. References to statutory provisions shall be construed as references to those provisions as amended, consolidated, extended or re-enacted from time to time.
3. Term of agreement
a) The General Terms take effect from the date you begin using the Services and subject to Clause 10 (Termination) shall continue in effect for the duration of your use of the Services.
a) MyPropertyCheckIn warrants that it has all requisite power and authority to execute, deliver and perform its obligations under the General Terms.
b) The Customer warrants that
i. It has all requisite power and authority to execute, deliver and perform its obligations under the General Terms.
ii. It shall comply with all applicable laws and regulations relating to the Service and with all applicable rules, regulations and guidelines (whether or not having the force of law) of any regulatory organisations or bodies of which it is a member or by which it is bound.
c) MyPropertyCheckIn does not warrant that the Service will meet the Customer’s requirements nor that the Services provided through the Site will be error-free or uninterrupted.
d) The Services are provided on an “as is” basis and without warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranty of merchantability, satisfactory quality or fitness for any particular purpose or use.
e) The Customer confirms that neither MyPropertyCheckIn nor any of its representatives has made any claims or representations of guaranteed or anticipated profits that may result from the use of the Service and MyPropertyCheckIn expressly disclaims liability for any profit projections which may have been provided to the Customer.
5. Intellectual property rights
a) For the purposes of these General Terms references to the “Intellectual Property Rights” shall mean all patents, rights to inventions, copyright and related rights, logos, trade marks and trade names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including without limitation know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
b) The Customer acknowledges and agrees that all Intellectual Property Rights existing or arising in any materials, know-how, specifications, inventions, processes, software, data or information supplied by MyPropertyCheckIn under or in connection with the General Terms shall at all times belong to and remain vested in MyPropertyCheckIn or its licensors and, save as expressly provided hereunder, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to the Customer.
c) MyPropertyCheckIn shall indemnify the Customer against any claim (including, any losses and liabilities arising out of such claim but excluding any indirect, special or consequential loss or loss of profits, revenue or goodwill) that the Customer’s use of the Service in accordance with the General Terms infringes the Intellectual Property Rights of any third party, provided the Customer:
i. Promptly notifies MyPropertyCheckIn in writing of any such claim and not making any admissions of liability or settling any such claim without MyPropertyCheckIn’s prior written consent;
ii. Allows MyPropertyCheckIn (at MyPropertyCheckIn’s request and expense) to solely conduct all negotiations and litigation resulting from any such claim; and
iii. At the request and expense of MyPropertyCheckIn, gives all reasonable assistance with such negotiations or litigation.
d) Clause 5.c sets out MyPropertyCheckIn’s entire liability to the Customer in respect of the infringement of the Intellectual Property Rights of any third party.
e) If any claim is made against MyPropertyCheckIn or the Customer alleging that the Customer’s use of the Service infringes the Intellectual Property Rights of a third party and the Customer’s use of the Services is not in accordance with the General Terms, MyPropertyCheckIn shall not be responsible:
i. MyPropertyCheckIn shall be entitled to require the Customer to cease using the Service until otherwise notified by MyPropertyCheckIn in writing, and
ii. The Customer will indemnify MyPropertyCheckIn against any direct or consequential claim which may be brought against MyPropertyCheckIn by a third party under Clause 5.e.
f) The Customer undertakes to notify MyPropertyCheckIn promptly of any infringement of the Intellectual Property Rights referred to in Clause 5.e of which the Customer is or becomes aware and to render to MyPropertyCheckIn and/or MyPropertyCheckIn’s relevant licensors all reasonable assistance in relation to any action, suit or proceeding taken by MyPropertyCheckIn and/or its relevant licensors in respect of such infringement.
6. Customer’s intellectual property rights
a) Subject to Clause 6.b, the Customer agrees that MyPropertyCheckIn may use the Customer’s logo, name and trade marks in connection with MyPropertyCheckIn’s advertising and marketing materials but only in accordance with Clause 6.b.
b) MyPropertyCheckIn shall submit all advertising and marketing materials which incorporate the Customer’s logo, name and/or trade marks to the Customer before publication. The Customer shall have a period of seven (7) business days commencing on the date on which MyPropertyCheckIn sends the materials in which to notify MyPropertyCheckIn as to whether the Customer approves or disapproves the materials, such approval not to be unreasonably withheld or delayed. If the Customer does not communicate its approval or disapproval to MyPropertyCheckIn within such seven day period, the Customer shall be deemed to have approved the materials.
a) Upon Registration, you will become a Member and we will create an account for you to use MyPropertyCheckIn’s Services.
i. The Customer is responsible for choosing a strong and secure password.
ii. The Customer is responsible for keeping their password secure and confidential.
iii. The Customer is responsible for anything that happens through their account unless they close it or report misuse.
b) The Customer can update or cancel their Membership (including their Subscription) visit their User Account page in the portal.
a) Upon Registration, we will create an account for you (“Your Account”) into which you may pay funds from time to time. Subject to clause 8.b, before we will process any Orders, you must have sums standing to the credit of Your Account.
b) Every time you place an Order, you will incur charges which you will be liable to pay to us in advance.
c) All fees and monies paid under this Contract are non-refundable under any circumstances whatsoever. The only exception to this is if we terminate the contract in accordance with clause 10.d, in which case we may in our sole discretion offer a partial refund to the extent that you have not used the Service.
d) The level of our charges are specified on the Site and we reserve the right to alter the level of our charges from time to time. Such alterations will come into effect from the time we notify you of same, by posting details of the alterations on the Site or in Writing.
e) Without prejudice to any other right or remedy it may have, MyPropertyCheckIn reserves the right to deduct any charges which are payable by you to us from the sums standing to the credit of Your Account.
f) Unless otherwise specified, all charges specified on the Site are exclusive of Value Added Tax, Insurance Premium Tax or any other sales taxes which might apply, which you shall also be liable to pay to us.
g) Credits purchased by another party on behalf of the Customer to use (e.g. by the Group Owner), the party paying for the service controls such an account and may terminate your access to it.
h) Discount codes (also known as ‘affiliate codes’ or ‘promo codes’) may only reduce the standard pricing for a maximum period of 6 months, thereafter the standard pricing will be applicable.
a) The Customer shall:
i. Comply with any and all instructions provided to the Customer by MyPropertyCheckIn relating to the Service;
iii. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
iv. Be responsible for any and all applicable sales, use, excise, value added or other taxes and duties and any other fees, charges or payments payable to any governmental or regulatory authority, body or organisation incurred as a result of or in connection with the use by the Customer of the Services.
v. Provide accurate information to us and keep it updated;
vi. Use your real name on your profile;
vii. Use the Services in a professional manner.
b) The Customer shall NOT:
i. Use the Services for any immoral or illegal purpose or in any way that would bring MyPropertyCheckIn into disrepute;
ii. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
iii. Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by MyPropertyCheckIn);
iv. Use an image that is not your likeness or a head-shot photo for your profile;
v. Create a false identity or misrepresent your identity (including but not limited to the use of a pseudonym) on MyPropertyCheckIn;
vi. Misrepresent your role, affiliation or relationship (past or present) to a property, entity, third party or person (member or non-member);
vii. Create a Member profile for anyone other than yourself (a real person);
viii. Invite people you do not know to join your network;
ix. Use or attempt to use another’s account;
x. Harass, abuse or harm another person;
xi. Send spam or other unwelcomed communications to others;
xii. Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
xiii. Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
xiv. Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
xv. Violate the intellectual property or other rights of MyPropertyCheckIn, including, without limitation, using the word “MyPropertyCheckIn” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
xvi. Use MyPropertyCheckIn invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
xvii. Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by MyPropertyCheckIn;
xviii. Send messages to distribution lists, newsgroup aliases, or group aliases;
xix. Upload or post anything that contains software viruses, worms, or any other harmful code;
xx. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
xxi. Create profiles or provide content that promotes escort services or prostitution.
xxii. Creating or operate a pyramid scheme, fraud or other similar practice;
xxiii. Copy or use the information, content or data of others available on the Services (except as expressly authorized);
xxiv. Copy or use the information, content or data on MyPropertyCheckIn in connection with a competitive service (as determined by MyPropertyCheckIn);
xxv. Copy, modify or create derivative works of MyPropertyCheckIn, the Services or any related technology (except as expressly authorized by MyPropertyCheckIn);
xxvi. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
xxvii. Imply or state that you are affiliated with or endorsed by MyPropertyCheckIn without our express consent (e.g., representing yourself as an accredited MyPropertyCheckIn trainer);
xxviii. Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
xxix. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
xxx. Remove, cover or obscure any advertisement included on the Services;
xxxi. Collect, use, copy, or transfer any information obtained from MyPropertyCheckIn without the consent of MyPropertyCheckIn;
xxxii. Share or disclose information of others without their express consent;
xxxiii. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
xxxiv. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
xxxv. Monitor the Services’ availability, performance or functionality for any competitive purpose;
xxxvi. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
xxxvii. Access the Services except through the interfaces expressly provided by MyPropertyCheckIn, such as its mobile applications, MyPropertyCheckIn.com and slideshare.net;
xxxviii. Override any security feature of the Services;
xxxix. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
a) We shall have the right to terminate the Contract forthwith by notice in Writing if:
i. you commit any material breach of the Contract and (in the case of a breach which is not persistent and can be remedied) has failed, within 7 days after receipt of a request in writing to do so, to remedy the breach, declaring that we shall not be in material breach by virtue of failing to meet a deadline for the provision of any of the Service; or
ii. you commit an act of bankruptcy, become apparently insolvent, make an arrangement or composition with creditors or (being a company) convene a creditors meeting;
iii. you have a receiver (whether administrative or otherwise) appointed or any steps are taken for the appointment of an administrator or if you pass a resolution for winding up (except for the purposes of a genuine scheme of solvent amalgamation or reconstruction) or if any proceedings are commenced relating to your insolvency or liquidation or possible insolvency or you cease or threaten to cease to carry on business or if serious doubt arises as to your solvency.
b) You will have the right to terminate the Contract
i. without notice, within the first seven days of entering into this agreement, or following that seven-day period,
ii. upon giving us 30 days notice in Writing without prejudice to any orders then submitted and accepted.
c) You hereby acknowledge that the provision of the Service by us and your use thereof is governed by various statutes regulatory requirements, codes of practice and guidelines relating to the use, provision and sharing of personal data (collectively ‘the Regulations’) and that the Regulations may change from time to time. You agree that we may cease providing the whole or any part of the Service if necessary in order to enable us to comply with the Regulations in which case we shall not be deemed to be in breach of this agreement.
d) We shall be entitled to immediately terminate the whole or any part of the Service in the event that any of our suppliers cease to provide any services to us and we consider (in our sole discretion, acting reasonably) such cessation has a materially adverse impact on our ability to provide the Service (or part thereof in question) to you in accordance with the Contract (and having regards to charges for the Service).
e) We shall be entitled to immediately suspend provision of the whole of any part of the Service in the event that you commit any breach of the Contract or of any other contract existing between us. For the avoidance of doubt, any exercise of our rights under this clause shall not relieve you of your obligations to pay us any sums due to us by you pursuant to the Contract or any other contract existing between us
11. Consequences of termination
a) Upon termination of the General Terms, MyPropertyCheckIn shall cease to make the Service available to the Customer.
b) The customer can re-activate their Membership within 3 months of termination by visiting their User Account page to re-activate.
12. Liability and indemnity
a) Save in respect of liability for death or personal injury arising as a result of MyPropertyCheckIn’s negligence, the total aggregate of MyPropertyCheckIn’s liability howsoever arising under or in connection with the Services, whether in respect of a single occurrence or a series of occurrences, shall not exceed in any year the sum of the Fees paid by the Customer from the 12 month period preceding the date when the claim arose.
b) Subject to Clause 12.a, MyPropertyCheckIn shall not be liable to the Customer for any loss of profits or goodwill or any other type of special, indirect or consequential loss or revenue of any nature whatsoever (including loss or damages suffered as a result of an action brought by a third party) whether arising from negligence, breach of contract or otherwise, even if such loss was reasonably foreseeable or MyPropertyCheckIn had been advised of the possibility of the Customer incurring the same, and such liability is hereby excluded to the fullest extent permitted by law.
c) The Customer hereby undertakes and agrees to indemnify MyPropertyCheckIn and keep it fully indemnified from and against any costs, losses, damages, expenses and/or liabilities (including without limitation any legal fees and expenses) which may be suffered or incurred by MyPropertyCheckIn arising out of or in connection with (i) any claims, proceedings, demands or actions by third parties arising out of or in connection with MyPropertyCheckIn’s supply of and/or the Customer’s use of the Service (including without limitation claims under the Data Protection Act 1998) and/or any breach of the Customer’s undertakings or obligations set out in the General Terms, and/or (ii) any breach by the Customer of its obligations under the General Terms, and/or (iii) the Customer’s negligence or wilful misconduct.
d) The Customer agrees that all the limitations and exclusions of liability in favour of MyPropertyCheckIn in the General Terms are reasonable in the circumstances under which the Service is to be performed.
a) The parties recognise that under these General Terms they may receive each other’s trade secrets and/or confidential or proprietary information of the other party. All information belonging to or relating to a party including without limitation information concerning business plans, customers, supplies, services, intellectual property and/or financial results received by the other party as a result of entering into or performing the General Terms which is designated as confidential by the disclosing party or is otherwise clearly confidential in nature constitutes “confidential information”.
b) Each party agrees not to use confidential information for any purpose other than the purpose for which it is supplied under the General Terms and agrees not to divulge confidential information received from the other party to any of its employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the disclosing party except to its professional advisers or as may be required by law or any legal or regulatory authority.
c) Each party will use a reasonable degree of care which in any event will not be less than the same degree of care which the receiving party uses to protect its own confidential information to keep and ensure its employees and agents keep any and all such information confidential. This obligation will survive the termination of the General Terms, in respect of a particular item of confidential information, until such earlier time as that item of confidential reaches the public domain other than through the receiving party’s own default.
14. Data Rights
a) The Customer owns all of the content and personal information provided to us, but also grants us licence to it.
c) Where we have made settings available, we will honour the choices the Customer makes about who can see the content or information they provide.
d) If the Customer elects to use Group Sharing, the Group Owner has sole proprietary rights to all of the content and all of the users. The Group Owner grants its users limited rights to use the content for purposes specifically defined by the Group Owner. If you are not the Group Owner, the Group Owner may disable your access to your generated content at any time. The Group Owner may elect to cancel your account or change your account permissions at any time. If you want to be part of Group and have your own private information, at this point, you must create two different accounts using two different email addresses.
15. Internet and Viruses
a) While using the internet and the Portal, you may encounter various technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the Portal. MyPropertyCheckIn shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the Portal or the internet. For these reasons, MyPropertyCheckIn recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.
16. Force Majeure
a) Neither party will be liable to the other for any delay or non-performance of the other party’s obligations under this Agreement arising from any cause or causes beyond its reasonable control.
a) The Customer shall not, without the prior written consent of MyPropertyCheckIn, sub-licence, assign or otherwise transfer or dispose of all or any part of the Customer’s rights or obligations under the General Terms.
b) MyPropertyCheckIn shall be entitled to delegate or sub-contract the performance of all or any part of its obligations under or in connection with the General Terms to any third parties as is necessary to provide the Services.
a) All Clauses intended by their nature to survive termination (including but not limited to Clause 11) shall survive the termination of the General Terms.
a) If any provision of these General Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
20. Entire Agreement
b) Each of the parties acknowledges and agrees that in entering into these General Terms and the documents referred to in them, it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these General Terms or not) other than as expressly set out in this these General Terms.
21. Further Assurance
a) Each party will, at the request of the other party and at its own cost, do (or procure others to do) everything necessary to give the other party the full benefit of these General Terms.
22. Benefit of Agreement
a) No person who is not a party to these General Terms is intended to receive a benefit under, or be entitled to enforce, this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
23. Waiver and Remedies
a) No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
a) All notices shall be made in writing and sent by prepaid first class post, by facsimile, e-mail or delivered by hand to, in the case of MyPropertyCheckIn, the address set out at the beginning of the General Terms and, in the case of the Customer, to the address notified to MyPropertyCheckIn by the Customer (or to such other address as each party may from time to time notify in writing to the other party).
b) Any notice served by facsimile or e-mail shall be deemed served at the time of transmission provided the sender can show satisfactory transmission and posts a hard copy of the notice within 24 hours of service provided that if any such notice would otherwise be deemed to be served outside working hours, such notice shall be deemed to be served at the start of working hours on the next business day. Any notice served by post shall be deemed served two business days after the date of posting and any notice delivered by hand, upon delivery.
25. Changes to the General Terms
a) MyPropertyCheckIn may change these General Terms from time to time at its absolute discretion without prior notice to the Customer. The Customer agrees that such changes will be binding on it. Any changes will be posted on MyPropertyCheckIn’s Site and will amend and form part of these General Terms. The Customer is responsible for reviewing the MyPropertyCheckIn Site on a regular basis to obtain timely notice of any such changes. The General Terms and any new agreement entered into after such changes have been posted will include those changes.
26. No partnership or Agency
a) Nothing in these General Terms will be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between either of the parties or as authorising either party to act as agent for the other. Neither party will have authority to make representations for, act in the name or on behalf of or otherwise to bind the other party in any way.
27. Applicable law
a) The General Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.