MY PROPERT APP’S TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service apply to the use of the My Property App’s Service. Please read these terms and conditions carefully.

 

1.       The My Property App’s Service and your agreement to these Terms and Conditions of Service

1.1.     My Property App ("MPA" or "we" or "us" or "our") provides the following services (“the MPA’s Service"):

1.1.1.    An analytics service and tool through which users can calculate their anticipated returns on investment as well as analyse prospective investments in property (“the Analytics Tool”); and

1.1.2.    An automated document assembly service and tool through which users can create and assemble an investment proposal populated by the data inputted by users into the Analytics Tool (“the Document Assembly Tool”).

The MPA’s Service includes the consequent products generated from the use of the Analytics Tool or the Document Assembly Tool (“the Generated Product”).

1.2.     The MPA’s Service is made available by MPA on these Terms and Conditions of Service contained on the website http://www.mypropertyapp.online (“these Terms and Conditions of Service").

1.3.     Please note that the following are hereby incorporated into and form part of these Terms and Conditions of Service:

1.3.1.    The special terms and conditions governing the use of your chosen Service Plan (“the Terms and Conditions of”, “your” or “her” or “his”, “Service Plan”) (when you choose a Service Plan of the MPA’s Service, you will be asked to agree to special terms and conditions governing your use of your chosen Service Plan. In such a case, you may be asked to expressly consent to the special terms and conditions, for example, by checking a box or clicking on a button marked “I agree”). If any of the Terms and Conditions of your Service Plan are different than these Terms and Conditions of Service, the Terms and Conditions of your Service Plan will supplement or amend these Terms and Conditions of Service, but only with respect to the different terms and conditions.

1.3.2.    Our Privacy Policy, accessible at http://www.mypropertyapp.online ("Privacy Policy");

1.3.3.    The general terms of use for the website of MPA, namely http://www.mypropertyapp.online as well as any such other URLs as MPA may use to provide the MPA’s Service (“the MPA’s Website"), accessible at http://www.mypropertyapp.online ("Terms and Conditions of Website Use"); and

1.3.4.    Any ‘Click-Wrap’ Agreements governing the use of any special feature (‘Click-Wrap’ Agreement) (when you choose to use a special feature of the MPA’s Service, you may be asked to agree to special terms and conditions governing your use of the special feature. In such a case, you may be asked to expressly consent to the special terms and conditions, for example, by checking a box or clicking on a button marked “I agree”. This type of agreement is known as a ‘Click-Wrap’ Agreement). If any of the terms and conditions of the ‘Click-Wrap’ Agreement are different than these Terms and Conditions of Service, the terms of the ‘Click-Wrap’ Agreement will supplement or amend these Terms and Conditions of Service, but only with respect to the different terms and conditions.

1.4.     By agreeing to these Terms and Conditions of Service you also agree to be bound by the provisions of the Terms and Conditions of your Service Plan, the Privacy Policy, the Terms and Conditions of Website Use and any ‘Click-Wrap’ Agreement, as if they have been included, in full, in these Terms and Conditions of Service.

1.5.     You are not allowed to make any use of the MPA’s Service if you do not agree to these Terms and Conditions of Service. If you make any use of the MPA’s Service, this will mean that you agree to these Terms and Conditions of Service. If you do not agree to these Terms and Conditions of Service, you must immediately stop using the MPA’s Service.

 

2.       Changes to these Terms and Conditions of Service

2.1.     We may, at any time, change these Terms and Conditions of Service.

2.2.     If you are a Subscriber, we will notify you of the changes. We will do this by sending you an e-mail; or through a pop-up notice when you access the MPA’s Service or the MPA’s Website; or through a pop-up notice when you log into the account which we create for you after you register in order to use the MPA’s Service ("MPA Account"). A Subscriber is a person who has registered to use the MPA’s Service through the registration process that MPA prescribes and whose registration has been accepted by MPA(“Subscriber”).

2.3.     If you are not a Subscriber, all changes to these Terms and Conditions of Service will take effect from the time that we place them on the MPA’s Website. You are responsible for reviewing and checking these Terms and Conditions of Service (including any changes which we may make) whenever you wish to use the MPA’s Service.

2.4.     If you do not agree with any changes to these Terms and Conditions of Service, you must end your use of the MPA’s Service in the way set out in clause 12.1 below.

 

3.       Subscription

3.1.     A Subscriber's subscription to use the MPA’s Service will commence when the Subscriber registers to use the MPA’s Service and we accept the registration.

3.2.     Once the registration is accepted, the subscription will continue thereafter on a month-to-month basis until it is ended by the Subscriber or us in one of the ways set out in these Terms and Conditions of Service.

3.3.     The terms and conditions of a Free Trial

3.3.1.    We may sometimes allow the Subscriber to end the subscription to use the MPA’s Service within a period of 7 calendar days after the Subscriber registers (or such other period we may specify upon registration) and we will not charge the Subscriber for the use of the MPA’s Service during this time ("Free Trial");

3.3.2.    Free Trials are strictly reserved for first-time Subscribers. You will not qualify for a Free Trial if you have registered before;

3.3.3.    Notwithstanding, we reserve the right, in our sole discretion, to determine whether you are entitled to a Free Trial.

3.4.     Service Plans

3.4.1.    The Subscriber will have the option between a number of Service Plans, including special promotional plans, each providing the Subscriber with different benefits as well as having varying restrictions, including, but not limited to, variations in pricing and the range of services (for example, restrictions on access and use of certain functions of the Analytics Tool or the Document Assembly Tool).

3.4.2.    To register to use the MPA’s Service, the Subscriber must select a Service Plan and as such, hereby acknowledges that she/he is aware and has familiarized herself/himself with the Terms and Conditions of her/his Service Plan, agrees to pay the Monthly or Annual Fee applicable to the selected Service Plan (see clause 4 below for more information on the Monthly or Annual Fee) and has selected a Service Plan appropriate to the Subscriber’s needs.

3.4.3.    If you wish to upgrade your Service Plan level, you must access your MPA’s Account on the MPA’s Website and follow the instructions for the upgrade. Once we have accepted the change, your Upgrade shall become effective immediately (see clause 4.2 below for more information on the billing and payment).

3.4.4.    If you wish to downgrade your Service Plan level, because the subscription subsists on a month-to-month basis, you must notify us of the downgrade by, at least, 1 full monthly Subscription Period (for example, if it is your intention to downgrade so that your last day of access or use under the old Service Plan is the last day of the month, then, in such circumstances, we must be notified of the downgrade on or before the end of the month. If we are only notified of the downgrade after the end of the month (eg. the 1^st of the following month), then the notice period of the downgrade shall subsist for the duration of following full monthly Subscription Period). Therefore, notice of downgrade must be given on or before the Monthly Payment Date of the following monthly Subscription Period should you wish the downgrade to be effected at the end of the following monthly Subscription Period and to avoid any further billing under the old Service Plan.

3.4.5.    If you wish to downgrade your Service Plan level, you must access your MPA Account on the MPA’s Website and follow the instructions for the downgrade. Once we have accepted the change, your Downgrade shall become effective as provided for above (see clause 4.2 below for more information on the billing and payment).

3.4.6.    We may change our Service Plans from time to time, however, any changes to our Service Plans will apply to you no earlier than 30 days following notice to you.

3.5.     As a Subscriber, you expressly agree to these Terms and Conditions of Service (including the Terms and Conditions of your Service Plan, the Privacy Policy, the Terms and Conditions of Website Use and any ‘Click-Wrap’ Agreement), with respect to which you shall be bound during the Subscription Period and, where any of these Terms and Conditions of Service continue after this agreement or your subscription to the MPA’s Service ends, you shall continue to remain bound thereto (please see clause 12.3 below for more information on the terms which do not end).

 

4.       Billing and payment

4.1.     Monthly or annual subscription fees

4.1.1.    For the subscription, a Subscriber must pay a monthly subscription fee that we set from time to time and all taxes that we are required to charge on this fee ("Monthly Fee"); or a Subscriber must pay an annual subscription fee that we set from time to time and all taxes that we are required to charge on this fee (“Annual Fee”).

4.1.2.    The Monthly Fee is payable for every month in which the Subscriber remains registered to use the MPA’s Service (each such month is referred to as a "Subscription Period"). For this purpose, the monthly periods shall be calculated from the date on which the Subscriber registers for the MPA’s Service until the corresponding date in the following month (for example, if you registered on 15 March, the first monthly period will continue until 15 April, and the next monthly period will continue until 15 May and so forth). However, if the Subscriber was given the Free Trial, the monthly period will be calculated from the day after the Free Trial expires and continue until the corresponding day in the following month (notwithstanding that your subscription started at the beginning of the Free Trial period).

4.1.3.    The Annual Fee is payable for every year (12 months) in which the Subscriber remains registered to use the MPA’s Service (each such year is referred to as a "Subscription Period"). For this purpose, the annual periods shall be calculated from the date on which the Subscriber registers for the MPA’s Service until the corresponding date in the following year. However, if the Subscriber was given the Free Trial, the annual period will be calculated from the day after the Free Trial expires and continue until the corresponding day in the following year (notwithstanding that your subscription started at the beginning of the Free Trial period).

4.1.4.    The Monthly or Annual Fee excludes any internet, data, service provider or access device costs, which shall be for your own account.

4.1.5.    The Monthly Fee must be paid by the Subscriber each month in advance on the monthly calendar day corresponding to the day that the Subscriber registered to access the MPA’s Service ("Monthly Payment Date"). The Subscriber’s first payment will be calculated on a pro-rata basis for the number of days remaining of the Subscription Period (“First Payment”). If the Subscriber was given the Free Trial, the First Payment will be calculated on a pro rata basis for the number of days remaining of the Subscription Period.

4.1.6.    The Annual Fee must be paid by the Subscriber in advance on the day that the Subscriber registered to access the MPA’s Service ("Annual Payment Date"). However, if the Subscriber was given the Free Trial, the Annual Payment Date will be calculated from the day after the Free Trial expires.

4.2.     Change of Service Plans

4.2.1.    In the event of an upgrade in Service Plan level, as contemplated in clause 3.4.3 above, the upgrade shall be effective immediately and, as such, you must immediately pay the difference between the old Monthly or Annual Fee and the new Monthly or Annual Fee, calculated pro rata to the remaining days of the Subscription Period.

4.2.2.    In the event of a downgrade in Service Plan level, as contemplated in clause 3.4.4 above, you must pay all Monthly or Annual Fees which are invoiced by us for the monthly Subscription Period serving as the notice period of the downgrade. The new Monthly or Annual Fee will be payable on the Monthly or Annual Payment Date following the expiry of the monthly Subscription Period serving as the notice period of the downgrade.

4.2.3.    As far as the law allows, any payment of the Monthly or Annual Fee already made at the date of the notice of the downgrade or the effective date of the downgrade, will not be refunded.

4.3.     Changes to the Monthly or Annual Fee

4.3.1.    We may increase the Monthly or Annual Fee at least once every calendar year by an amount which is not more than 10%. We can increase the fees by more than this amount, but then clause 4.3.2 below will apply.

4.3.2.    Where the increase in the Monthly or Annual Fee is more than 10% and the Subscriber does not agree to the adjusted Monthly or Annual Fee, the Subscriber may Cancel the subscription in accordance with clause 12.1.1 below.

4.3.3.    We will give the Subscriber at least 30 calendar days’ prior written notice of any increases to the Monthly or Annual Fee.

4.4.     Payment Method

If you are a Subscriber:

4.4.1.    In order to complete the registration process, you will be required to tell us which method you will use to make payment (for example, through your bank account, credit card, debit card or other payment facility) (“your Payment Method") and give us the details of your Payment Method (for example, bank account number, credit or debit card information or the payment facility’s information) (“your Payment Details").

4.4.2.    You must provide current, valid and accepted Payment Details upon registration, which we may authenticate. The same details will be used to pay for the MPA’s Service depending on the selected Payment Method.

4.4.3.    If there is a change in your Payment Details or Payment Method, you are required to immediately update the information by logging onto the MPA’s Website and updating your MPA Account.

4.4.4.    If you change your Payment Details or Payment Method we may choose to authenticate the new Payment Details or Payment Method prior to the new Payment Details or Payment Method being accepted. We will inform you once your new Payment Details or Payment Method have been accepted.

4.4.5.    You must ensure at all times that you keep your Payment Details updated and that you have sufficient funds available to pay for the MPA’s Service.

4.4.6.    By registering for the MPA’s Service and providing your designated Payment Method and Payment Details, you authorise us to charge you the Monthly or Annual Fee at the then current rate, and any other charges you may incur through the use of the MPA’s Service, to your Payment Details through your Payment Method.

4.4.7.    If a payment is not successfully made or collected, due to insufficient funds, the expiry of the Payment Details, incorrect Payment Details or another reason, you remain responsible for any uncollected amounts and you authorise us to continue to collect payment from your Payment Details and Payment Method.

4.4.8.    We will notify you if payment is unsuccessful and if we are unable to collect payment from your Payment Details or using your Payment Method. We may suspend your subscription to the MPA’s Service if we are unable to collect payment successfully, as set out in clause 11.2 below. Even if we suspend your subscription, you will still be responsible for all uncollected amounts which are due to us for the time that you continued to be a Subscriber to the MPA’s Service.

4.4.9.    We are not responsible for any acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers. You will be responsible for the acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers, including those responsible for your Payment Method or for paying us.

4.5.     Sales records

A Subscriber can request a sales record of her/his transaction by e-mail.

4.6.     Refunds

4.6.1.  As far as the law allows, payment of the Monthly or Annual Fee is not refundable and we will not refund or credit you for any partially used monthly or annual Subscription Period.

4.6.2.  If you wish to end your subscription, you must do this in the way set out in clause 12.1.1 below.

 

5.       Who may use the MPA’s Service

5.1.     You may only use the MPA’s Service if you comply with these Terms and Conditions of Service and:

5.1.1.    you are a Subscriber; or

5.1.2.    you are allowed by a Subscriber to access or use the MPA’s Service through the Subscriber's MPA Account ("Authorised User" or “Authorised Users”). If you are an Authorised User, your rights to use the MPA’s Service will end when the Subscriber's rights to use the MPA’s Service ends or the Subscriber stops allowing you to access or use the MPA’s Service through the Subscriber's MPA Account.

5.2.     Notwithstanding, only 1 user at a time may access or use the MPA’s Service through the Subscriber's MPA’s Account and, as such, the Subscriber and the Authorised Users will not have concurrent access or use.

5.3.     The Subscriber, as with her/himself, must ensure that all Authorised Users that access or use the MPA’s’ Service through the Subscriber's MPA Account, are aware of these Terms and Conditions of Service, agree to these Terms and Conditions of Service, and comply with these Terms and Conditions of Service, and that all Authorised Users do not engage in any Prohibited Acts.

5.4.     It is the Subscriber’s and the Authorised Users responsibility to manage access to and to supervise all use of the MPA’s Service through the MPA Account.

5.5.     All acts and omissions of Authorised Users shall be treated as, and also be deemed to be:

5.5.1.    the acts and omissions of the Subscriber whose MPA Account they use to access or use the MPA’s Service; and

5.5.2.    the acts and omissions of the other Authorised Users of that MPA Account.

All acts and omissions of a Subscriber shall be treated as, and also be deemed to be, the acts and omissions of the Authorised Users that access or use the MPA’s Service through the Subscriber's MPA Account. An act or omission includes any breach of these Terms and Conditions of Service.

5.6.     You must be 18 years of age or older to register for the MPA’s Service and you must not attempt to register for the MPA’s Service if you are not 18 years of age or older.

5.7.     If the Authorised User is younger than 18 years of age, then the Authorised User must have the permission of her/his legal guardian to use the MPA’s Service, her/his legal guardian must agree to these Terms and Conditions of Service and the Authorised User must only use the MPA’s Service under the supervision of the Subscriber or another Authorised User that is 18 years of age or older. If such Authorised User makes any use of the MPA’s Service, then it shall be deemed that such permission was given, agreement concluded and supervision undertaken.

5.8.     We may refuse to let you register or use the MPA’s Service in our sole discretion. We may do this even if you complete the registration process and agree to these Terms and Conditions of Service. We do not need to give you reasons if we do not let you register or use the MPA’s Service.

 

6.       Your information and details

6.1.     All information you give us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that.

6.2.     You must tell us if the information you give us changes, or if details we have for you change, or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.

6.3.     A Subscriber will be able to edit the Subscriber's own details by logging into the Subscriber's MPA Account through the MPA’s Service or by updating the Subscriber's details by contacting our support agents via e-mail support@mypropertyapp.online. We will send the Subscriber an email confirming any updates or changes which the Subscriber makes to the Subscriber's details.

6.4.     Please also read the Privacy Policy for more information on how we use your information and your rights and responsibilities.

 

7.       Keep your MPA Account, user credentials, password and Payment Details secure and secret

If you are a Subscriber:

7.1.     After you complete the registration process, we will create your MPA Account. You will need to use your e-mail address and password in order to access your MPA Account and to use the MPA’s Service, or such other user credentials as we may permit from time to time (for example, the log-in details for social media accounts that we may accept from time to time);

7.2.     You are responsible for all use of your MPA Account and your password and any of your other user credentials (for example, the log-in details for social media accounts that you use to access your MPA Account, if applicable);

7.3.     Whenever a person uses the MPA’s Service, or performs any other act, through your MPA Account, or through the use of your user credentials, or with your password, we will treat this as if it was done by you and with your approval;

7.4.     You must take all reasonable and appropriate measures not to share, display in public, or make available to any person who is not authorised to have them, your MPA Account, or your user credentials, or your password, or your Payment Details (for example, details of your bank account or credit card or other payment method). You accept that we cannot protect you if you do not do this;

7.5.     You must notify us immediately by sending us an email at support@mypropertyapp.online if you suspect that another person has obtained unauthorised access to your MPA Account, or your user credentials, or your password, or your Payment Details. You must also notify us immediately by sending us an email at support@mypropertyapp.online if you are aware of any unauthorised use of your MPA Account, or your user credentials, or your password, or your Payment Details. You will be responsible for changing your privacy settings on your MPA Account, namely your user credentials, your password and your Payment Details, as soon as you become aware of any unauthorised access or use; and

7.6.     As far as the law allows, we will not be responsible for any loss or damage that you may suffer if any other person uses your MPA Account, or your user credentials, or your password, or your Payment Details, without your approval or consent.

 

8.       Access devices, Technology, internet access and other facilities

8.1.     You are only entitled to use the MPA’s Service through the methods permitted and intended by us, which may include through the use of the MPA’s Website.

8.2.     The quality of the MPA’s Service and your ability to use the MPA’s Service, including the time it takes to use the MPA’s Service and the associated costs, may be affected by various factors, such as your location, the bandwidth available, your access devices and their functionality or capabilities, the speed of your internet connection, the services provided by your service providers, and the communications facilities being used by you.

8.3.     We will not be responsible for your inability to access the MPA’s Service due to any such limitations and make no warranties or representations about the quality of service, or the time it takes, or the bandwidth or other data that will be required, to use the MPA’s Service.

8.4.     You, at your own cost, are responsible for obtaining and maintaining your access devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, software, systems, materials, applications, platforms, and the like, ("Technology") needed to access the internet or to use the MPA’s Service.

8.5.     We are not responsible for any internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the access device.

8.6.     If an access device does not belong to you, you confirm and promise that you have obtained permission from the owner of the access device to use the access device to access or use the MPA’s Service or download the Generated Product or any content generated from the use of the MPA’s Service onto the relevant access device.

 

9.       Permitted use and what you are not allowed to do

9.1.     The MPA’s Service may only be used by you in a lawful manner in the way that we specifically intended (“Permitted Use").

9.2.     You must not, directly or indirectly, do any of the following things or allow anybody else to do so  ("Prohibited Acts"):

9.2.1.    Perform any action that violates any of these Terms and Conditions of Service (including the Terms and Conditions of your Service Plan, the Privacy Policy, the Terms and Conditions of Website Use and any ‘Click-Wrap’ Agreement) or any guidelines or policies posted by us;

9.2.2.    Interfere with any other person's use and enjoyment of the MPA’s Service or the MPA’s Website;

9.2.3.    Perform any action which is illegal, fraudulent or violates or infringes any Intellectual Property Rights listed in clause 13 below;

9.2.4.    Encourage conduct that would constitute a criminal offence or give rise to civil liability;

9.2.5.    Collect or process information in violation of our Privacy Policy;

9.2.6.    Other than for the commercial Permitted Use underlying the MPA’s Service, receive or charge money, favours or any other consideration for using the MPA’s Service on behalf of, or using the MPA’s Service to advise, or providing the Generated Product to, any other person unless written consent was received by MPA.

9.2.7.    Receive or charge money, favours or any other consideration for allowing any other person to use or access the MPA’s Service (including the Generated Product) or your MPA Account unless written consent was received by MPA;

9.2.8.    Display, distribute, communicate, transmit, publish or broadcast the MPA’s Service or the Generated Product to the public unless written consent was received by MPA;

9.2.9.    Use the MPA’s Service to advertise or promote products or services that are not expressly approved in advance in writing by us;

9.2.10. Remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the MPA’s Service or the MPA’s Website; and

9.2.11. Use any Technology, or other means, to:

9.2.11.1.access or link to the MPA’s Service in a way that is not expressly authorised by us;

9.2.11.2.access the MPA’s Service through any automated means, including through the use of ‘robots’, ‘spiders’, or ‘offline readers’ (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the MPA’s Service or the Generated Product and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);

9.2.11.3.attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the MPA’s Service or the MPA’s Website;

9.2.11.4.remove, disable, bypass, or circumvent any content protection or access control mechanisms, including those intended to prevent the unauthorised reproduction, access to, use or distribution of the MPA’s Service or the Generated Product;

9.2.11.5.remove, disable, bypass, or circumvent any protection mechanisms or other Technology or identifying information contained on an access device or use any access devices which have been ‘jailbroken’ or ‘rooted’;

9.2.11.6.damage, disable, overburden, impair, or gain unauthorised access to the MPA’s’ Service, the MPA’s Website, Technology used by MPA or other persons, or the MPA Accounts of Subscribers or other users; and

9.2.11.7.introduce any ‘viruses’, ‘trojan horses’, computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any access device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ("Destructive Code") into the Technology used by MPA or any other person, including in the MPA’s Website or the MPA’s Service.

9.3.     These Terms and Conditions of Service and any restrictions on the use of the MPA’s Service will also apply to any part of the MPA’s Website and content which is cached when using the MPA’s Service or the MPA’s Website.

9.4.     We may use Technology and other means to monitor that you are complying with these Terms and Conditions of Service.

 

10.    Restrictions and changes to the MPA’s Service

10.1. It is your responsibility to satisfy yourself, prior to accessing the MPA’s Service, that the MPA’s Service and the Service Plans meet your individual requirements.

10.2. We may continuously update the MPA’s Service and the Service Plans. We reserve the right to make changes from time to time in how we offer, provide and operate the MPA’s Service.

10.3. We may, in our sole discretion:

10.3.1. select, determine, change, remove and update the services and content that will be available as part of the MPA’s Service or the Service Plans, from time to time;

10.3.2. restrict access to the MPA’s Service to particular Subscriber(s) or Authorised User(s) or choose whether to make available certain services and content to any particular Subscriber(s) or Authorised User(s) at any particular time. This may be done in any manner or form, including, by virtue of the Service Plans, a special feature or a promotion;

10.3.3. make available or restrict different services and content to different Subscribers or Authorised Users in different geographical locations, and for such purposes, implement any necessary Technology, including geo-blocking technology;

10.3.4. implement Technology and measures to encrypt and decrypt the content of the MPA’s Service and the MPA’s Website, and to protect the MPA’s Service from unauthorised use and to control access to the MPA’s Service.

10.3.5. implement Technology and measures, and take steps to remove and delete the download of the Generated Product from any access devices or render such download of the Generated Product unviewable; and

10.3.6. limit the amount of times you can attempt to download the Generated Product, or part thereof, where the downloading of the Generated Product, or part thereof, fails to complete because of poor internet connection or other technical problems.

10.4. You must not attempt to access restricted content.

 

11.    Suspension of the MPA’s Service

11.1. General suspension

11.1.1.     We may suspend part or all of the operation of the MPA’s Website, the MPA’s Service, your MPA Account, or your use of the MPA’s Service, in any one or more of these circumstances:

11.1.1.1.     We need to perform maintenance on, or updates to, the MPA’s Website, or any of the Technology that we use to provide the MPA’s Service;

11.1.1.2.     We become aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the MPA’s Website, the MPA’s Service (including the Generated Product) or your MPA Account;

11.1.1.3.     We have reasonable grounds to believe that the MPA’s Website, the MPA’s Service (including the Generated Product) are being used negligently, fraudulently, illegally or in a way that we have not given permission for;

11.1.1.4.     We become aware that any information that you have provided is false, inaccurate, incomplete or misleading;

11.1.1.5.     We reasonably believe that your password has been lost or stolen or disclosed to an unauthorised person;

11.1.1.6.     You do not comply with your obligations after we have given you 3 calendar days' notice to comply (or such shorter period where this is reasonable);

11.1.1.7.     We must do so to comply with the law; and

11.1.1.8.     a Court or regulator tells us to do this.

11.1.2.     We will notify you of any such suspension, where it is reasonably practical to do so.

11.1.3.     The suspension will continue for as long as we reasonably believe is appropriate.

11.2. Suspension in the event of non-payment

11.2.1.     We may temporarily suspend part or all of your MPA Account or your use of the MPA’s Service if you fail to pay us on time or if we are unable to collect payment from your Payment Details or through your Payment Method.

11.2.2.     We will inform you of any such suspension due to payment not taking place.

11.2.3.     The suspension will continue for as long as all outstanding amounts which are due to us have been paid by you.

11.2.4.     After you have paid us all outstanding amounts which are due to us, you may choose whether:

11.2.4.1.     you wish to end your subscription to your MPA Account and the MPA’s Service, as set out in clause 12.1.1 below; or

11.2.4.2.     you wish to reactivate your subscription to your MPA Account and the MPA’s Service, which was previously suspended.

Should you fail to make any such election within 3 days after you have paid us all outstanding amounts which are due to us, we reserve the right to end your suspended subscription, as set out in clause 12 below.

 

12.    Ending this agreement

12.1. How you may end your use of the MPA’s Service

12.1.1.     If you are a Subscriber:

12.1.1.1.     You may end this agreement and Cancel your subscription to the MPA’s Service without any reason being provided by you (“Cancel” or “Cancellation”).

12.1.1.2.     Other than a Cancellation before the end of the Free Trial period, because the subscription subsists on a month-to-month or year to year basis, in the case of a month-to month subscription you must notify us of the Cancellation by, at least, 1 full monthly Subscription Period (i.e. notice of one calendar month). Therefore, notice of Cancellation must be given on the 1^st of the month for the Cancellation to take effect at the end of that month. You must pay all Monthly Fees which are invoiced by us for the monthly Subscription Period serving as the notice period of Cancellation. As far as the law allows, any payment of the Monthly Fee already made at the date of the notice of Cancellation or the Effective Date of Cancellation, will not be refunded. In the case of a year-to-year subscription you must notify us of the Cancellation by, at least, 2 full calendar months from the date of registration on to use the MPA’s Service. As far as the law allows, any payment of the Annual Fee already made at the date of the notice of Cancellation or the Effective Date of Cancellation, will not be refunded.

12.1.1.3.     Following due notice of Cancellation, the Cancellation will be effective on the day following the last day of the monthly or annual Subscription Period given as notice of Cancellation (‘Effective Date of Cancellation”).

12.1.1.4.     When you end this agreement and Cancel your subscription to the MPA’s Service, your rights to access and use the MPA’s Service will continue until the end of the monthly or annual Subscription Period serving as the notice period of Cancellation, where after you will be unsubscribed from the MPA’s Service on the Effective Date of Cancellation. The MPA’s Service will continue up until the Effective Date of Cancellation even if there is no usage on your MPA Account or you do not use the MPA’s Service for the remainder of the notice period of Cancellation. This means that you will have access to the MPA’s Service and Generated Product for the remainder of that period.

12.1.1.5.     In order to Cancel, you must send an email with your instructions for Cancellation to support@mypropertyapp.online.

12.1.2.     If you are an Authorised User, you may end this agreement between you and MPA by no longer using the MPA’s Service.

12.2. How we may end this agreement

12.2.1.     We reserve the right, at any time and for any reason, to terminate part or all of the operation of the MPA’s Website, the MPA’s Service, this agreement with you, your MPA Account, your subscription to the MPA’s Service or your use of the MPA’s Service. If we do this and you are a Subscriber, we will give you 30 calendar days’ prior written notice, unless the termination is required by law or it is reasonable, in the circumstances, to give shorter notice.

12.2.2.     We may end this agreement and terminate part or all of your MPA Account or your use of the MPA’s Service, immediately and at any time, in one or more of the following circumstances:

12.2.2.1.     Where we have reasonable grounds to believe that you are engaged in illegal or improper use of the MPA’s Service or the Generated Product;

12.2.2.2.     Where we have reasonable grounds to believe that you are committing or have committed a Prohibited Act;

12.2.2.3.     If any provision of these Terms and Conditions of Service, or part of a provision, becomes unenforceable, illegal or invalid;

12.2.2.4.     Where you breach a material provision of these Terms and Conditions of Service and fail to remedy the breach after we have given you 5 calendar days' notice (or such shorter period, where this is reasonable);

12.2.2.5.     In the circumstances set out in clause 11.2.4 above where you have paid us all outstanding amounts but fail to make any such election within 5 days thereafter to end or reactivate your subscription to your MPA Account and the MPA’s Service;

12.2.2.6.     Where we must do so to comply with the law; and

12.2.2.7.     Where a Court or regulator tells us to do this.

12.2.3.     When we end the operation of the MPA’s Website, the MPA’s Service, this agreement with you, your MPA Account, your subscription to the MPA’s Service or your use of the MPA’s Service, your rights to access and use the MPA’s Service and Generated Product will end on the date that we stop allowing you to access and use the MPA’s Service. You must stop using the MPA’s Service and the Generated Product from that date.

12.3.  Terms which do not end

12.3.1.      Many provisions of these Terms and Conditions of Service will continue after this agreement or your subscription to the MPA’s Service ends, including terms and conditions which by their nature must continue to apply. This is because certain rights and duties must survive even though the agreement between us has come to an end or you have stopped using the MPA’s Service.

12.3.2.      Some of the provisions in these Terms and Conditions of Service which continue include, but are not limited to:

12.3.2.1.     terms and conditions where our liabilities or responsibilities, or those of our affiliates (companies under common ownership and control), are excluded or limited, including amounts which you can claim from us;

12.3.2.2.     terms and conditions which indemnify us or our affiliates, or where you take on responsibility for certain losses or damages that may happen;

12.3.2.3.     terms and conditions where the rights you have against us, or our affiliates, are limited or excluded;

12.3.2.4.     the provisions of clause 9.2 above;

12.3.2.5.     the provisions of clause 13 below; and

12.3.2.6.     any other terms and conditions in these Terms and Conditions of Service which are expressly stated to survive or continue after the end of this agreement or after the end of any part of this agreement.

  

13.    Intellectual property

13.1. All Intellectual Property Rights, including all rights, title and interest in and to the MPA’s Website and the MPA’s Service, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.

13.2. You acknowledge that the content made available to you through the MPA’s Service is owned by, or licensed to, us and is protected by laws, including intellectual property law.

13.3. You must not use the MPA’s Service or the Generated Product in any way that constitutes a violation of any law (including intellectual property law) or an infringement or misappropriation of our rights (including, without limitation, Intellectual Property Rights) or the rights or Intellectual Property Rights of our licensors or any third party. In these Terms and Conditions of Service, Intellectual Property Rights (“Intellectual Property Rights”) include all intellectual property rights of whatsoever nature and however embodied, including (without limitation), copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such Intellectual Property Rights.

13.4. You must not reproduce, modify, copy, transmit or commercially exploit the MPA’s Service in any manner whatsoever.

13.5. Where any of the content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

13.6. You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the MPA’s Website or the MPA’s Service, other than the limited, non-exclusive, non-transferable and revocable licence to use the MPA’s Service for the Permitted Use in accordance with these Terms and Conditions of Service.

 

14.    Disclaimer and exclusion of warranties

14.1. As far as the law allows, the MPA’s Service and the Generated Product are provided on an "as is" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).

14.2. Specifically, we do not warrant the veracity of any information acquired from the MPA’s Service, including the veracity of any Generated Product, any related opinion provided by the MPA Service and the interpretation thereof by you. The correctness of the data inputted by users, as well as any information acquired from the MPA’s Service, is your responsibility and has not been verified by MPA. It is emphasised that it is your sole obligation to exercise due diligence, including such verification of veracity and correctness.

14.3. Particularly, the Analytics Tool and each calculator comprising the D MPA’s Service is believed to be accurate. However, no warranty or guarantee is made as to the accuracy thereof. It remains incumbent on you to verify all results with an appropriate financial professional before taking action.

14.4. Any opinion by the MPA’s Service regarding the interpretation of any data inputted by you is general education only and intended only as a guideline. Such guidelines are based on common principles of property investments and are not a substitute for professional advice. We are not rendering advice (financial, investment, accounting, tax or legal) or other professional services, including (without limitation) that with respect to, or proposing, any prospective investments in property, the form or manner of such investments or the suitability of the investment proposal for the purposes that you intend, nor are we acting as an intermediary. Because each user’s factual situation is different, you should seek his or her own personal adviser.

14.5. As such, it is specifically recorded herein and disclosed that MPA is not acting as nor performing any function of a Financial Services Provider or a representative thereof, including a Financial Advisor. It is recorded that MPA does not have an FSP Licence in terms of the Financial Advisory and Intermediary Services Act, no. 37 of 2002 or any license or approval in terms of similar legislation, nor is same required in the circumstances. It is further recorded that the MPA’s Service is not a financial product and does not comprise advice or an intermediary service, as defined in the Act.

14.6. Furthermore, it is specifically recorded herein and disclosed that MPA is not acting as nor performing any function of a tax practitioner or any similar professional rendering tax advice, such as an accountant, nor is it or its authors qualified to do so. Moreover, due to the ever-changing tax laws, we cannot warrant that any guidelines regarding tax are accurate and, as such, it is incumbent on you to verify the veracity of any such information.

14.7. Furthermore, it is specifically recorded herein and disclosed that MPA is not acting as nor performing any function of a legal practitioner or any similar professional rendering legal advice, such as an attorney, nor is it or its authors qualified to do so.

14.8. Unless otherwise expressly stated in these Terms and Conditions of Service, the MPA’s Service is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product.

14.9. As far as the law allows, we make no representations and give no warranties that the MPA’s Service or the Generated Product will be tailored to meet your personal requirements or expectations, be available and accessible at all times, be uninterrupted, error-free, secure, or free from Destructive Code.

 

15.    Limits to our liability

15.1. As far as the law allows, we and our affiliates will not be responsible to you (and we hereby disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from any cause whatsoever, including (without limitation):

15.1.1.     errors, mistakes, inaccuracies or omissions in the content of the MPA’s Service or the Generated Product, more particularly, any loss, liability, injury or damage suffered due to a property investment following reliance upon the content of the MPA’s Service;

15.1.2.     the use of The Analytics Tool and each calculator comprising the MPA’s Service,

15.1.3.     personal injury or property damage, of any nature whatsoever, resulting from access to and use of the MPA’s Service;

15.1.4.     any unauthorised access to or use of our Technology and/or any and all personal information stored thereon;

15.1.5.     any interruption or cessation of transmission whatsoever to or from the MPA’s Website, the Technology or the access device used by us or you to provide or receive the MPA’s Service; and/or

15.1.6.     any Destructive Code which may be transmitted to or through the MPA’s Website or the MPA’s Service.

15.2. The provisions of clause 15.1 above apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.

15.3. Use of the MPA’s Website and the MPA’s Service is at your own risk.

 

16.    Indemnity

16.1. As far as the law allows, you hereby irrevocably indemnify us and our affiliates and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of:

16.1.1.      your access and use of the MPA’s Service;

16.1.2.      you failing to comply with these Terms and Conditions of Service;

16.1.3.     you performing a Prohibited Act;

16.1.4.     you infringing or misusing any person's rights, including Intellectual Property Rights, in relation to the MPA’s Service; and/or

16.1.5.     any deliberate or unlawful act that you commit or a failure to act.

 

17.    References and links to and from other websites, products and services

17.1. The MPA’s Website may include access to products and services provided by third parties. Such products and/or services may be provided directly or via links to the third parties. We shall, where reasonable, classify the products and/or services as third party products or services. Notwithstanding that the products and/or services may be co-branded, you acknowledge that the agreement for the provision of such third party product or service is between you and the relevant third party and we shall not be party to such agreement. Further, we shall not be liable for any act or omission of the third party, nor the provision of the products or services by the third party to you.

17.2. The MPA’s Website may contain references or links to other websites ("Other Websites") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Websites or the opinions, products, services of third parties. Your use of Other Websites or the products or services of third parties will be entirely at your own risk.

17.3. To the fullest extent allowed by law, we are not responsible to you for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Websites or the opinions, products or services of third parties.

17.4. Additionally, the MPA’s Website may receive financial compensation from the businesses mentioned through advertising, affiliate programs or otherwise. Rates and offers from advertisers or affiliates shown on the MPA’s Website change frequently, sometimes without notice. While we strive to maintain timely and accurate information, offer details may be out of date. Users should thus verify the terms of any such offers prior to participating in them.

17.5. We disclaim responsibility for updating information and disclaim responsibility for third-party content, products, and services including when accessed through hyperlinks and/or advertisements on this site.

17.6. You may not make (and you may not allow any third party to make) any reference to us, the MPA’s Website or the MPA’s Service, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.

 

18.    General Information, notices and communications

18.1. MPA means Villa Vest (Pty Ltd, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa under registration no. 2017/207228/07, with its registered address at 193 Riverglades Estate, 67 Juweel Street, Jukskei Park, Gauteng, South Africa.

18.2. Any notices sent to us under these Terms and Conditions of Service, including legal notices, must be delivered to us by hand at the MPA’s offices at 193 Riverglades Estate, 67 Juweel Street, Jukskei Park, Gauteng, South Africa, and by e-mail at support@mypropertyapp.online.

18.3. Any notices we send to you under these Terms and Conditions of Service, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about, or to your e-mail address if you indicated that as your preference on registration. However, any notices that we may send you in other ways which are received by you, will qualify as adequate notice.

18.4. We also have the right to send you or display notices and communications about certain issues by e-mail, SMS, when you log in to your MPA Account, or on the MPA’s Website. These issues include :

18.4.1.     increases in Monthly or Annual Fees;

18.4.2.     notices about billing or payment information, including (without limitation) non-payment;

18.4.3.     changes or updates to your details;

18.4.4.     inactivity of your MPA Account;

18.4.5.     notices that you are in breach of these Terms and Conditions of Service;

18.4.6.     notices of suspension or termination of, or that we intend to suspend or terminate, the MPA’s Service, this agreement or your access or use of the MPA’s Service (or any part thereof); and

18.4.7.     notices that we have changed any part of these Terms and Conditions of Service or the Terms and Conditions of your Service Plan, the Privacy Policy, the Terms and Conditions of Website Use or any ‘Click-Wrap’ Agreement.

You may not unsubscribe to receive notices from us regarding the above information.

18.5. All notices given by us to a Subscriber shall be treated as having been given, and be deemed to have also been given, to the Authorised Users that access or use the MPA’s Service through the Subscriber's MPA Account. All notices given by us to an Authorised User shall also be treated as having been given, and be deemed to have also been given, to the Subscriber whose MPA Account the Authorised User makes use of. The Subscriber and Authorised Users must immediately make each other aware of notices which may be received from us.

 

19.    Miscellaneous provisions

19.1. Interpretation

19.1.1.     In these Terms and Conditions of Service, headings are for convenience and not to be used in interpreting these terms, and unless expressly stated otherwise or otherwise required by the context:

19.1.1.1.     references to the singular includes the plural and vice versa;

19.1.1.2.     words of any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders;

19.1.1.3.     words or expressions that are defined or capitalised in these Terms and Conditions of Service shall have the same meaning wherever used in these Terms and Conditions of Service;

19.1.1.4.     the word 'including' or 'include' or 'includes' must not be interpreted as limiting the list following the word or excluding other items from a list following the word; and

19.1.1.5.     where any number of days is given, those are calendar days and are counted to exclude the first day but include the last day.

19.2. Transfer of rights and obligations

19.2.1.     These Terms and Conditions of Service, and any rights, obligations and licenses granted hereunder, may not be transferred, ceded, delegated or assigned by you.

19.2.2.     You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these Terms and Conditions of Service and we may do so without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, except that we do not need to notify you if we transfer, cede, delegate or assign any or all rights or obligations to an affiliate. We may sub-contract our obligations without your consent and we do not have to inform you if we sub-contract any of our obligations.

19.2.3.     These Terms and Conditions of Service shall apply for the benefit of and be binding upon each party's successors and assigns.

19.3. General

19.3.1.     These Terms and Conditions of Service shall be governed by the laws of the Republic of South Africa.

19.3.2.     Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

19.3.3.     These Terms and Conditions of Service make up the whole agreement between you and us relating to the use of the MPA’s Service. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the MPA’s Service that is not written in these Terms and Conditions of Service.

19.3.4.     Each provision of these Terms and Conditions of Service, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms and Conditions of Service, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms and Conditions of Service, the rest of these Terms and Conditions of Service still being valid and enforceable.