Use of this website and the services provided via it ("kpr.global") are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with kpr.global is provided by Keystone Property Reports Limited, 27 College Street, Burnham On Sea, Somerset, TA8 1AS and its suppliers ("we"/"our"/"us").
Registered Office: 4 King Square, Bridgwater TA6 3YF
Registered Company Number: 8291172
VAT Number: 163105443
Contact Address: Keystone Property Reports Limited, 27 College Street, Burnham On Sea, Somerset, TA8 1AS
We will endeavour to ensure that kpr.global is available 24 hours per day without any interruptions. However, we reserve the right to make kpr.global unavailable at any time or to restrict access to parts or all of kpr.global without notice. kpr.global is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via kpr.global is accurate, not-misleading, complete or up to date.
3. Use of Website
kpr.global is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell kpr.global or any materials or information in kpr.global or the structure, overall style and program code of kpr.global without our consent. If you wish to make a request for consent, please contact us.
4. Your Contributions
You agree to only use kpr.global for lawful purposes and that any information that you provide in connection with, or which forms part of, kpr.global will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the kpr.global.
kpr.global includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to kpr.global you may only do so at http://www. kpr.global Please use the following html code. http://www.kpr.global " target="_blank">Keystone Property Reports, Burnham On Sea, Somerset
6. Data Protection
7. Our Liability
Since a substantial part of kpr.global is both free and available to all, it is a condition that your use of kpr.global is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the kpr.global for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the kpr.global shall be limited to £50. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
8. Small Print
Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.
If you believe that your intellectual property or other rights are being infringed by the kpr.global, or if you are dissatisfied with kpr.global or any aspect of our service, in the first instance please contact us at email@example.com.
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS WEBSITE, THE APPLE APP STORE AND GOOGLE PLAY.
- the use by you of KPR mobile application software, the data supplied with the software and the associated media (App); and
- online or electronic documents (Documents).
We licence use of the App and Documents to the User on the basis of these Terms and subject to any rules or policies applied by any Appstore provider or operator from whose site you downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
- If you do not agree to the terms of this licence, we will not license the App and Documents to you and the downloading process will terminate.
- These Terms may change from time to time without notice from us to you and by continuing to use the App after such change you will be deemed to have accepted and agreed to be bound by any such change.
You should print a copy of these Terms for future reference
1.1 These Terms apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of these Terms.
1.2 We may change these Terms at any time by notifying you of a change when you next start the App or use the website. We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c ) changes resulting from alterations made by service providers, such as internet access providers and mobile network operators, to the corresponding services provided to us or the terms and conditions which govern those corresponding services.
The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through our website, the Apple Appstore or Google Play. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.5 Where the User is a limited company, partnership or other entity (“entity”) the person downloading the App (“the applicant”) agrees and confirms that they are entitled and have authority to enter into these Terms on behalf of that entity and that entity will be bound by these Terms.
1.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms.
1.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. USER REGISTRATION AND USE OF ACCOUNT
2.1 To enable the User to access the Services you will be required to register a username and password which you must keep confidential. If you become aware of any unauthorised use of your username and password you must notify us immediately.
2.2 If you do not access the Services for a period of 90 days or more we reserve the right to suspend your account and you may be required to reregister.
2.3 By becoming a User, you are agreeing to pay for reports compiled using The App. Details of our charges for compiling and despatching the reports will be as shown on our website from time to time. Payment must be made in advance of any report being despatched to you. We will take payment from the credit card, bank or other account of which you provide details.
2.4 You agree to indemnify us in respect of any claims, loss, costs or damage that we may incur as a result of any breach by you of these Terms or arising out of your use of the App or the Services.
3. GRANT AND SCOPE OF LICENCE
3.2 Except as expressly set out in these Terms or as permitted by any local law, you agree:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
4. ACCEPTABLE USE RESTRICTIONS
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with these Terms.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. LIMITED WARRANTY
6.1 We warrant that:
(a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the App in all material respects.
6.2 The warranty does not apply:
(a) if the defect or fault in the App or any Service results from you having amended the App;
(b) if the defect or fault in the App results from you having used the App in contravention of these Terms;
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7. LIMITATION OF LIABILITY
7.1 We only supply the App and the services for internal use by your business, and you agree not to use the Product for any re-sale purposes.
7.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements. In particular but without limit we shall not be responsible to you in any way if you choose to use the guidance declaration on the App and do not provide your own declaration wording.
7.3 Subject to clause 7.6, we will under no circumstances what so ever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the App or the Services or their use by you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.4 Subject to clause 7.3 and clause 7.6, our total liability to you in respect of all other losses arising under or in connection with the App or the Services or their use by you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
7.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the App or the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
7.6 Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence or any other liability that cannot be excluded or limited by English law.
8. TERMINATION OR ACCOUNT SUSPENSION
8.1 We may terminate the agreement set out in these Terms (including without limit the Licence set out in clause 3.1) immediately by written notice to you:
(a) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you fail to pay within 1 day of the due date any amount due from you to us, your account will be suspended with no access;
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(d) in the event of any change in any law, regulation or code of conduct makes the provision of App or the Services to you illegal, prohibitively difficult or contrary to law, regulation or code of conduct.
8.3 If you are unsatisfied with the App and you write to us with details at firstname.lastname@example.org within 7 days of you first accessing the App and Service agreement set out in these Terms (including without limit the Licence set out in clause 3.1) we will provide a refund of any unused credits purchased less a £25 administration fee.
8.4 You may terminate this agreement set out in these terms by giving 1 (one) months written notice to email@example.com. The notice will be effective from the payment due date. On the event of termination KPR will confirm by written acknowledgment, also outlining any outstanding monies owed to Keystone Property Reports Ltd that must be paid before termination date.
8.5 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms including your use of any Services;
(c) you must immediately delete or remove the App from all devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
9. COMMUNICATION BETWEEN US
9.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Keystone Property Reports Limited at 27 College Street, Burnham-On-Sea, Somerset, TA8 1AS or firstname.lastname@example.org . We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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 without limit failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
11.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
11.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.5 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.6 Please note that these Terms, their subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
12. YOUR PRIVACY RIGHTS EXPLAINED
12.1 Under the new EU framework, one of the biggest changes to UK data law for 20 years, is changing the way companies use data and will come into force ion 25th May 2018.
12.2 What is GDPR? The General Data Protection Regulation (GDPR) legislation means that by law all organisations must review how they manage all personal data, such as customer addresses and staff details, to meet GDPR requirements and to ensure all organisations are set up to protect any personal data they hold to allow them to act appropriately if something should go wrong. It gives you easier access to the personal information organisations hold about you should you wish to check or
change it. It is designed to give you confidence that this information is accurate, up to date and well managed.
12.3 The GDPR provides the following rights for individuals –
a) The right to be informed
b) The right of access
c) The right to rectify
d) The right to erasure
e) The right to restrict processing
f) The right to data portability
g) The right to object
h) Rights in relation to automated decision making and profiling
12.4 Data controllers and Data Processers
“Under the Act, it is the data controller that must exercise control over the processing and carry data protection responsibility for it. They determine the purpose for which data are processed. The data processor processes data on behalf of the data controller”,
a) In terms of the relationship we have with our User’s and the personal data we handle for them, it is the User who is the Data Controller, and it is KPR who is the Data Processor on behalf of the User, and our GDPR policies reflect that.
12.5 A user’s sensitive data
a) We support your right to have your privacy respected and your data protected.
b) We confirm that KPR will never share or sell your details to any third parties, including any suppliers.
c) We confirm that KPR at no stage will use your personal details for marketing purposes without consent.
d) We encrypt ALL data in transit and we encrypt ALL personal data in our database.
e) We will use a user / users’ company information that we hold to process your data as a true legitimate interest in order to obtain our service and agreement to you as set out in these Terms and Conditions.
12.6 Software Data Polices
a) It is Users responsibility to ensure regular housekeeping takes place to ensure the all data on the KPR system is accurate and up to date. This includes, but is not limited to, property address details, tenant name details and software user (your staff) details
b) It is Users responsibility to ensure passwords are kept confidential. Users will be required to change their password every 90 days.
c) It is Users responsibility to ensure tablet or smartphones used with the software are encrypted and have appropriate access codes to prevent unauthorised access to the tablet in the event of loss or theft.
d) Within the software, it is possible to add comments to reports in free text fields. It is the Users responsibility to ensure this data does not include user sensitive.
e) KPR provides 2 user levels: Manager and Normal. Manager level is able to view and change Normal User data. Normal level users are restricted to viewing and changing their own data.
f) Once a report is Actioned & Filed OR 14 days after the report date (whichever comes sooner), Tenant data will not be viewable anywhere on the system without a manager password.
12.8 API (Application Programming Interface)
12.9 KPR has an API service with Fixflo T/a Tactile LTD (Company registration number 08111417) whose registered office is at Unit 2 Dominion Centre, Elliot Road, Bournemouth, BH11 8JR.
a) At a Users request we able to make this connection live, providing we have a written notice sent to email@example.com
b) KPR has no responsibility for data from when it has left our KPR server, and in transition to Fixflo system
c) Data can be only transmitted in single method communication meaning we send data only to Fixflo
d) The only data we send is maintenance reporting from our Midterm Inspection Application
e) The tenant name if present on our system, would be the only personal data being sent across in the API feed.
13 Go Cardless, this is our service that creates a direct debit to enable to be set up in order to transfer monies to KPR.
a) KPR does not copy any of this data onto its systems
b) Only authorised KPR users are able to access the data on GoCardless systems
c) KPR only accesses this data when it is necessary
In order that a User can use KPR mobile applications and to be able to register to create an account, all users must: -
a) Have read and accepted these business terms and conditions
c) Agree to receive App updates, notifications and KPR software related communications
d) A user must be of 18 years old