This Terms & Conditions Policy (“Terms”) applies to the access, download and/or use of the Property Lobe web and mobile application as well as any interaction with other media form or channel, mobile website or application, as well as services provided, in relation, linked and/or connected to Property Lobe (collectively, the “Product”). These Terms represent a legal agreement between H&D Property Sussex Limited (“We”, “Us” or “Our”) and the user (“You”, “Your”). By interacting with the Product, You agree to have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms or any future updated version of them, You must cease access, use and/or interaction with the Product immediately.
We reserve the right, at Our sole discretion, to make alterations to these Terms at any time and for any reason. You can access the latest version of these Terms on this webpage. Any revisions will take effect immediately upon being made publicly available. You waive any right to receive notice of amendments and/or additions and understand it’s Your responsibility to regularly review these Terms.
The continued use of our Product after the Terms have been updated constitute Your acceptance of the updated Terms. If there is a conflict between these Terms and any other rules or instructions posted in the Product, these Terms will control.
For use of our Product, you agree that you are at least 18 years-old.
Except for the limited license of use that We expressly grant hereunder, the Product is Our proprietary property including, and not limited to, all code, database, functionality, software, website, design, audio, video, text, imagery and graphics, trade secrets, queries, algorithms, structure and organisation on the Product and trademarks, services marks and logos contained therein (collectively, “Assets”). We reserve and retain all rights, ownership, control and license of the Product and Assets.
You are granted a revocable, non-exclusive, non-sublicensable, non-transferrable, personal, limited license to access and/or use the Product solely for private use. Access and use are strictly in accordance with these Terms and any usage rules or terms established by any other third parties, such as Apple Inc., Google Inc. or other vendors (“Third Party”). We reserve all rights not expressly granted to You in and to the Product and Assets.
RESTRICTIONS OF USE
You shall have no ownership or property interest in the Product and Assets and may not access or use the Product for any purposes other than that which we make the Product available.
Except as expressly provided in these Terms, no part of the Product or Assets may be copied, reproduced, modified, decrypted, altered, aggregated, republished, uploaded, posted, publicly displayed, encoded, disassembled, translated, transmitted, distributed, sold, licensed or otherwise exploit for any purpose, commercial or other, in whole or in part, without Our express prior written permission.
You agree that you will not (1) use the Product to harm or cause offense to another person; (2) use another person or entity’s email address in order to sign up to the Product or create user accounts under false pretenses; (3) use the Product for improper, illegal, fraudulent, abusive or unauthorised purposes; (4) use the Product in any way that results in violation of any applicable law or regulation; (5) attempt to modify, translate, decompile, reverse-engineer, disassemble, create derivative works or hack the Product; (6) make the Product available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) circumvent, disable, or otherwise interfere with security-related features of the Product; (8) attempt to bypass any measures of the Product designed to prevent or restrict access to the Product; (9) rent, lease, lend, sublicense or transfer the Product, these Terms or any of the rights granted hereunder; (10) use our Product in any other way not permitted in these Terms.
You are not authorised to use any of our Assets in any advertising, publicity or in any other manner, commercial or other, without Our prior written consent, which may be withheld for any or no reason.
You expressly agree that the use of the Product is at Your sole risk. The Product is provided on an as-is and as-available basis.
Any and all software, content and services (including advertising) that relate to the Product but are not owned by Us are third party content (“Third Party”).
We do not investigate, monitor, represent, endorse or accept any responsibility or liability of any Third Party content and services, this includes any data or personal information collected, as We are not responsible for their content, policies, data collection and/or use and disclosure of any information collected.
By using the Product, You represent and warrant that (1) You authorise and consent to the collection, storage and use, by Us, of any information and data provided; (2) all registration information You submit to be true, accurate, current and complete; (3) To inform Us of any changes of the provided information immediately.
You agree that Your account is personal to You and You are not entitled to transfer Your account to any other person. You agree to take all steps necessary to protect your login details and keep your password confidential. You shall not share or allow anyone else to use Your login details or account. If You share Your login details with anyone else (whether intentionally or unintentionally), You accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate Us for any losses or harm that may result.
We reserve the right to permanently delete your account if inactive (understood as no attempt to login with no active Subscription) for 180 days or more. In such an event, You may no longer access and/ or use our Product, Your data and information will be permanently deleted with no means of recovery and no refund will be offered to You in relation to the same. Should you wish to access and/or use the Product in the future, You shall create a new account.
You understand that, if You delete Your account, or if We delete Your account in accordance with these Terms, all Your data (personal and saved in Your account) will be permanently deleted/ erased and cannot be recovered.
If we have reasonable grounds to suspect that You provided untrue, inaccurate, not current or incomplete information, We have the right to suspend or terminate Your account and refuse any and/or all current or future access and/or use of the Product (or any portion thereof).
We care about data privacy and security. We are registered with data-protection. We collect, process, use and share Your personal information in accordance with enforced laws or other requirements governing personal data collection, use, or disclosure.
USER GENERATED CONTENT
The Product may provide You with the opportunity to contribute, participate, create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials related to the Product to Us or on the Product, including, but not limited to, text, audio, comments, suggestions, personal information and other material (collectively, “Content”).
Content may be viewable by other users of the Product and through third-party websites. As such, any Content You transmit may be treated as non-confidential and non-proprietary.
When You create or make available any Content, You represent and warrant that (1) Your Content do not and will not infringe Our proprietary rights; (2) You are the creator, owner or have the necessary rights to use and to authorise Us to use Your Content; (3) You consent the inclusion of identifiable information alongside the use of the Content; (4) Your Content is not false, inaccurate or misleading; (5) Your Content are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (6) Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us); (7) Your Content do not ridicule, intimidate or abuse anyone; (8) Your Content do not violate any applicable law, regulation or rule, and do not violate any privacy or publicity rights of any third party; (9) Your Content do not contain any materials of sexual or violent nature, and is not offensive to religion, race, gender, national origin, age, marital status, sexual orientation or disability; (10) You won’t impersonate another person, using a false email-address in order to submit Content; (11) Your Content do not contain any advertisement of goods or services. Violation to these Terms may result in, among other things, termination or suspension of Your rights to use the Product.
By making Content publicly available on the Product and through third-party websites regarding the Product, You automatically grant Us complete, worldwide, fully sublicensable, unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferrable, royalty-free right for Us to quote, re-post, host, use, copy, reproduce, adapt, translate, disclose, publicly display, transmit, excerpt (in whole or in part), broadcast and distribute such Content, in any and all media (whether it exists now or in the future), including without limitation the name You submit in connection with such Content, in any form, with or without attribute to You, for any purpose, commercial or otherwise, without any notice or compensation to You of any kind.
You retain full ownership and intellectual property rights of Your Content. Under no circumstances We are liable for any statements or representations in Your Content. Your sole responsibility of Your Content refrain from any legal action against Us regarding your Content.
We do not endorse, approve or prescreen any Content and We do not guarantee the accuracy, integrity or quality of the Content submitted on and about Our Product. We have the right to remove any Content from the Product at Our sole discretion.
When providing reviews or ratings (“Reviews”) regarding the Product, You must comply with the following: (1) You should have firsthand experience with the Product and/or Assets; (2) Your Reviews must not contain offensive profanity, abuse, racist, offensive or hate language or any mention of illegal activities; (3) Your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) Your Reviews should not contain references to illegal activity; (5) You should not be affiliated with competitors if posting negative reviews; (6) You may not post any false or misleading statements; (7) You may not organise a campaign encouraging others to post Reviews, whether positive or negative.
We may accept, reject or remove Reviews at Our sole discretion. Reviews are not endorsed by Us, and do not necessarily represent Our opinions or views. We do not assume liability for any Review or for any claims, liabilities or losses resulting from any Review. A Review may be considered Content and follow the outlined Terms herein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Product ("Submissions") provided by You to Us are non-confidential and shall become Our sole property. We shall use these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. Other terms outlined for Content and Reviews apply to Submissions.
Access to the Product requires an active, recurring, auto-renewing, paid subscription (“Subscription”). Details of cost and benefits of the Subscription are as set out on our website. Prices are inclusive of any applicable value added tax or other sales taxes. Subscriptions cannot be transferred between platform accounts.
You will continue to be billed monthly until Your Subscription is terminated. You may terminate your Subscription at any time, directly on the Product or by contacting us at firstname.lastname@example.org. We reserve the right to terminate any Subscription at any time, at Our sole discretion and without prior notice.
Services and features included in the Subscription and its monthly cost can be modified by Us at any time, for any or no reason, without prior notice.
Refunds of past charges are at Our sole discretion. You may submit written refund requests to email@example.com.
We reserve the right to revoke or modify any stated offers (including after an order was submitted and accepted) in any order, price, advertisement, promotion or giveaway.
If you access the Product via a mobile application, then We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by You, and to access and use the mobile application on such devices strictly in accordance with these Terms.
PRODUCT MODIFICATIONS AND CORRECTIONS
We reserve the right to change, update, modify or remove the contents of the Product and/or Assets at any time or for any reason at Our sole discretion without notice. We are not liable to You or any third party for any modification, price change, suspension or discontinuance of the Product.
We do not warrant that the Product will be compatible with Your device or any other equipment you may use to access the Product. You acknowledge We are not liable for performance issues caused by incompatibility or any other issues for that matter.
You are responsible for the internet connection and/ or mobile charges that You may incur for accessing and/ or using our Product.
We cannot guarantee that the Product will be available at all times. You acknowledge that, from time to time, there may be interruptions, delays and errors on the accessibility of the Product. You agree that We have no liability for any loss, damage or inconvenience caused by Your inability to access or use the Product during any time.
These Terms shall be effective and in full force while you use the Product. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms and the rights afforded to you hereunder with or without prior notice.
Should You fail to comply with any terms and conditions of these Terms, then these Terms and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Us. Upon the termination of these Terms, You shall cease all access and/or use of the Product.
We reserve the right to, in Our sole discretion and without notice or liability, deny access to and use of the Product and/or Assets, to any person for any or no reason. If we terminate or suspend Your account, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
We reserve the right to collect fees, surcharges or costs incurred before You cancel your account or Subscription. In the event of termination or cancellation, no refund will be granted. Any delinquent or unpaid accounts must be settled before We may allow You to create any new or additional accounts.
LIMITATION OF LIABILITY
Although all effort is made to achieve accuracy, You acknowledge that calculations results are not definitive forecasts and are intended for reference only.
Under no circumstances shall We be liable for any direct, indirect, incidental, consequential, special, incidental, punitive or exemplary losses and/or damages due to the connection, use, access, or lack of use and/or access of the Product.
You shall indemnify, defend and hold harmless Us and Our partners, suppliers and licensors, and their employees (in any level) from and against any and all liabilities, claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) that arise from or in connection with the following: (1) Your access to or use of the Product; (2) Your breach of these Terms or third party conditions; (3) Your violation of law; (4) Your negligence or willful misconduct; (5) Your Content.
We reserve the right, at our Own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
WAIVER OF OUR RIGHTS
Our failure to exercise or enforce any of Our rights under these Terms does not waive Our right to enforce such right at any time. Any waiver of such rights shall only be effective if it is in writing and signed by Us.
You agree to compensate Us, according to law, for any losses, harm, claims and expenses that may arise from any breach of these Terms by You.
These Terms constitute the entire agreement with respect to the use of the Product. They replace all earlier agreements between You and Us.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
COMPLAINTS & DISPUTE RESOLUTION
Should you have any concerns or complaints, please contact us at your earliest convenience at firstname.lastname@example.org and we will work to solve them quickly and satisfactorily.
In the unlikely event that we cannot solve your concern, and You wish to bring legal action against Us, these Terms shall be governed by and construed in accordance with the laws of England and Wales.