1 WHO WE ARE AND HOW TO CONTACT US
1.1 We are EPROPERTYS A&P LTD and we operate https://epropertys.com/. We are a limited company registered in England and Wales under company number 12797419 and have our registered office at 292-294 Hale Lane, Edgware, London, HA8 8NP (we, us, our).
1.2 To contact us, please use the “Contact Us” page at https://epropertys.com/contact.
2 WHAT'S THIS PLATFORM FOR?
2.1 We have set up this platform for:
2.1.1 tenants of the properties we let and manage (Tenant) to allow them to browse details of available properties, arrange viewings with Landlords and ask questions of Landlords and us;
2.1.2 landlords of the properties we let and manage (Landlord) to allow them to upload document and access information in relation to their properties;
2.1.3 contractors so Landlords can contact them to discuss and arrange work which may be required in relation to the properties we let and manage (Contractor).
2.2 This platform is only for use by Tenants, Landlords and Contractors. If you do not fall within one of those categories, you are not permitted to use this platform.
2.3 We and our staff may use and access the platform for our internal administrative and business purposes.
3 PLATFORM TERMS
3.1 These terms tell you the rules for using our platform https://epropertys.com/ (our platform).
4.1 You will be required to complete a registration process to use our platform. This registration process is to ensure you are a Tenant, Landlord or a Contractor and permitted to use this platform.
4.2 As part of the registration process, you will create a username and password to access the platform. You should keep your username and password secure and not share it with any third party.
4.3 We reserve the right to restrict your access to certain sections of the platform. For example, a Landlord will only be able to access information regarding their Tenants, their properties and contact Contractors.
5 OTHER TERMS THAT MAY APPLY TO YOU
5.1 The following additional terms, which also apply to your use of our platform and services:
5.1.1 Terms of Business (Lettings & Management) https://epropertys.com/terms_of_business;
5.1.2 our Privacy Notice https://epropertys.com/privacy_policy; and
5.1.3 our Cookie Notice https://epropertys.com/cookies_policy, which sets out information about the cookies on our platform.
6.1 Upon registration of their platform accounts, Tenants will have the ability to:
6.1.1 browse available properties on the Platform;
6.1.2 like and save properties on the Platform for future reference;
6.1.3 arrange viewing for available properties on the Platform with Landlords and us;
6.1.4 ask questions and live chat with Landlords and us regarding available properties.
6.2 Where a Tenant enters into a tenancy with a Landlord, the Tenant’s payment details will not be stored on the platform. All payments are processed by our payments partner Go Cardless.
7.1 Upon registration of their platform accounts, Landlords will have access to the “Landlords Area” of the platform that has the following functionality:
7.1.1 upload multiple properties to the platform;
7.1.2 the ability to upload documentation required in relation to your properties, including electrical safety reports;
7.1.3 the ability to access information regarding your properties including details of rent payments and arrears, copies of your tenancy agreement, details of gas safety certificates;
7.1.4 organise and manage viewing of their properties with potential Tenants;
7.1.5 answer questions and live chat with Tenants and us regarding your properties;
7.1.6 set up direct debit payment to us for our fees payable in relation to letting and management services provided regarding your properties;
7.1.7 access details of a selection of Contractors who you can contact regarding maintenance works or improvements you would like carried out to your properties.
7.2 Our platform provides details of the Contractors for information purposes only. Landlords are responsible for undertaking due diligence and selection of the right Contractor for them.
7.3 We are not responsible for the Contractors performance of their work or services. Landlords are responsible for arranging a contract with the relevant Contractor which sets out the relevant rights and obligations for the work and/or services to be performed.
7.4 We do not benefit from allowing Contractors to use the platform. We have no commission or referral fee arrangements with Contractors. We offer them access to the platform to benefit Landlords.
7.5 Please do let us know if you have any feedback on a Contractors performance in relation to work for you, be it positive or negative feedback.
8.1 Upon registration of their platform accounts, Contractors will be able to access the “Contractors Area” of the platform that has the
8.1.1 the ability to upload information regarding the Contractor’s services, including descriptions of work undertaken, photo galleries of work undertaken and client testimonials; and
8.1.2 contact details (address, email and mobile number) so Landlord’s interested in their services can make contact.
8.2 Contractors through the registration process and on an on-going basis must meet the following qualification criteria to use the platform:
8.2.1 provide detailed description of the work and services they undertake;
8.2.2 provide registration number for their professional bodies to confirm their expertise;
8.2.3 provide us with confirmation of current and valid public liability insurance of £5m per claim;
8.2.4 where the Contractor provides advice, provide us with confirmation of current and valid professional indemnity insurance of £1m per claim;
8.2.5 a link to a copy of the Contractor’s current terms and conditions of business (where such terms and conditions are available to the public online).
8.3 Where the Contractor does not meet the Qualifying Conditions at any time or received a complaint regarding their work from a Landlord, we reserve the right to remove or restrict their access to the platform.
8.4 The Contractor acknowledges that we are not responsible for any contract the Contractor chooses to enter into with a Landlord for the provision of works and/or services. We do not provide any assurance or guarantee in relation to Landlords in any respect in terms of ability to pay or compliance with the terms agreed between the Contractor and Landlord for the works and or services. The Contractor is responsible for undertaking their own due diligence upon the Landlord and obtaining the necessary assurances itself before commencing the works and/or services.
9 YOUR INFORMATION
9.1 You are responsible for ensuring all information and documentation you provide to us is complete, up to date, accurate and truthful.
9.2 Where we become aware that any information and/or documentation you provide is not complete, up to date, accurate and truthful, we reserve the right to remove or restrict your access to this platform.
9.3 You acknowledge that it is reasonable for us to rely and act upon the information and/or documentation you upload to the platform. You will therefore reimburse us in full on demand for any losses or liabilities we incur as a result of us acting upon the information and/or documentation you provide.
10 YOUR INTERACTIONS
10.1 You may have the ability to interact with other users of this platform, depending on whether you are a Tenant, Landlord or Contractor.
10.2 Where you interact with other uses of this platform you must not:
10.2.1 be obscene, offensive, hateful or inflammatory;
10.2.2 bully, insult, intimidate or humiliate any person;
10.2.3 promote sexually explicit material, violence, discrimination, or any illegal activity;
10.2.4 act in a way that is likely to deceive any person;
10.2.5 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
10.2.6 be likely to harass, upset, embarrass, alarm or annoy any other person.
10.2.7 impersonate any person, or misrepresent your identity or affiliation with any person;
10.2.8 give the impression that the contribution emanates from us, if this is not the case; or
10.2.9 advocate, promote, incite any party to commit, or assist any unlawful or criminal act
10.3 Where we become aware that you have acted in a way that can reasonably be viewed as not being in compliance with the Behaviour Standards we reserve the right to remove or restrict your access to the platform.
11 YOUR CONTRIBUTIONS
11.2 Your contribution must:
11.2.1 be accurate (where it is factual in nature);
11.2.2 be genuinely held (where it states an opinion); and
11.2.3 comply in all aspects with the laws of England and Wales (in addition to the laws of any country from where it is posted).
11.3 Your contribution must not (without limitation):
11.3.1 be defamatory of any person;
11.3.2 be obscene, offensive, hateful or inflammatory;
11.3.3 bully, insult, intimidate or humiliate any person;
11.3.4 promote sexually explicit material, violence, discrimination, or any illegal activity;
11.3.5 infringe the intellectual property rights of any other person;
11.3.6 be likely to deceive any person;
11.3.7 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
11.3.8 be in contempt of court;
11.3.9 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
11.3.10 be likely to harass, upset, embarrass, alarm or annoy any other person.
11.3.11 impersonate any person, or misrepresent your identity or affiliation with any person;
11.3.12 give the impression that the contribution emanates from us, if this is not the case;
11.3.13 advocate, promote, incite any party to commit, or assist any unlawful or criminal act; or
11.3.14 contain any advertising or promote any services or web links to other sites.
11.4 You warrant that any such contribution does comply with those standards, and you will be liable to reimburse us in full for any loss should this turn out to be incorrect.
11.6 If we think it necessary, we may report communications to the police and disclose your identity and details to them. We also have the right to disclose your identity to any third party who is claiming that any contribution from you constitutes a violation of their intellectual property rights, or of their right to privacy.
11.7 We have the right to remove any contribution you make if, in our opinion, it does not comply with our standards.
11.8 You are solely responsible for securing and backing up your contribution, we will not be responsible for any contribution which is lost or otherwise unavailable.
11.9 When you contribute content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display, that content at our discretion.
11.10 This licence will remain in place even after content is deleted from (or no longer publicly available to users of) our platform.
12 INFORMATION ON THIS SITE
12.1 The content on our platform (whether provided by us or any third party) is provided for general information only. Unless explicitly stated otherwise, it is not intended to amount to advice on which you should rely and we do not endorse any of this information. You may wish to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.
12.2 Although we make reasonable efforts to update the information on our platform and to ensure that information provided by third parties is accurate and not misleading (for example through our contractual relationships with them), we do not verify or moderate all content on our platform and we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
13 HOW YOU MAY USE MATERIAL ON OUR PLATFORM
13.1 We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You must not copy or reproduce any content on our platform (including but not limited to modifying or reformatting it when you copy it). In particular, you must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors. Any licence we give to copy content or use it for commercial purposes will be subject to acknowledging us as the origin of the content.
14 USER-GENERATED CONTENT IS NOT APPROVED BY US
This platform may include information and materials contributed by other users of the site, including but not limited to reviews and comments. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.
15 HOW TO RAISE A CONTENT ISSUE
If you wish to raise an issue about any of the content on our platform please contact us using the details above.
16.1 Our platform is made available free of charge. We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons.
16.2 You are responsible for ensuring that you have the technology necessary to access and use our platform. We may change the technical requirements for using our platform from time to time.
16.4 Our platform is designed to be accessed by people residing in the United Kingdom. We do not represent that content available on or through our platform is appropriate for use or available in other locations.
17.1 We amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.
17.2 If any part of these terms is found to be unlawful, invalid or unenforceable then the remainder of these terms will remain in full force and effect.
17.3 We may update and change our platform from time to time to reflect changes to our services, our users' needs and our business priorities.
18 HOW WE MAY USE YOUR PERSONAL INFORMATION
We may use your personal information in accordance with our privacy notice (please see https://epropertys.com/privacy_policy).
19 OUR INTELLECTUAL PROPERTY
You are not permitted to use our names, or logos or other intellectual property in any way which would breach our intellectual property rights without our prior written approval.
20.1 We do not guarantee that our platform will be secure or free from bugs or viruses.
20.2 You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.
20.3 You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.
20.4 You must not share your account and password information for the platform with any other person and must treat it as confidential. If you provide any information to us when registering for an account, you confirm that the information you provide to us is accurate, complete and not misleading. If you suspect anyone may be misusing your access to our platform, or your security information has been compromised, you must notify us.
21 OUR LIABILITY
21.1 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 and for fraud or fraudulent misrepresentation.
21.2 We are not liable for any loss or damage you suffer as a result of your use of, or reliance on, information on our platform which is provided to us by any third party.
21.3 Where you are using our platform for business purposes (e.g. professional Landlord or Contractor), we:
21.3.1 exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it.
21.3.2 will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our platform; or use of or reliance on any content displayed on our platform.
21.3.3 will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation (whether such losses are direct or indirect in nature); or any other indirect or consequential loss or damage.
21.4 If you access our platform as a consumer (e.g. a Tenant) you agree not to use our platform for any commercial or business purposes, and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
22.1 Where our platform contains links to other sites and resources provided by third parties (including Contractors), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
22.2 We have no control over the contents of those sites or resources. If you purchase products or services from third parties (including Contractors) we link to, we are not a party to these agreements.
23 LINKING TO OUR PLATFORM
23.1 Where you are a business, you may link to our home page, provided you have our permission and do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
23.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.3 You must not establish a link to our platform in any website that is not owned by you.
23.4 Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.
23.5 We reserve the right to withdraw linking permission without notice.
23.7 If you wish to link to or make any use of content on our platform other than that set out above, please contact us using the details above.
24 WHICH LAWS APPLY TO ANY DISPUTES?
24.2 You and us both agree that the courts of England and Wales will have exclusive jurisdiction. Except that (if you are a consumer) and you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland or if you are resident of Scotland, you may also bring proceedings in Scotland.