Anabode Terms and Conditions
TERMS AND CONDITIONS (June 2020)
Thank you for choosing Anabode, the property management platform for everyday landlords and property professionals around the world. Whether you are a landlord, tenant, or a property manager, we hope that you find our services useful. If you have any questions, suggestions, or feedback, please do not hesitate to contact us by emailing firstname.lastname@example.org.
This licence agreement (Licence) is a legal agreement between you (“Licensee” or “You”) and Anabode Limited (Company No 09914949) of 85 Great Portland Street, London W1W 7LT, United Kingdom (“Anabode”, “Licensor”, “us” or “we”) for the use of:
The Anabode technology platforms across mobile, tablet, wearable and computer devices, and the data supplied with the platforms (“The Apps”); and any printed materials or electronic documents associated with The Apps (“Documents”).
We licence use of The Apps and Documents to you on the basis of this Licence and subject to any rules or policies (“Application Store Rules”) applied by any app store provider or operator from whose site (“Application Store”) You downloaded The Apps. We do not sell The Apps or Documents to You. We remain the owners of The Apps and Documents at all times.
Operating system requirements: The Apps require a suitable computer, mobile telephone or suitable tablet device with a sufficient memory, Internet access and the appropriate operating system.
If you do not agree to the terms of this Licence, we will not license The Apps and Documents to you and you should delete The Apps now.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason within 14 days from the date that you download The Apps.
This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this Licence for future reference.
1. About Us
1.1. We are Anabode Limited (Company No 09201246) of 85 Great Portland Street, London W1W 7LT, United Kingdom.
1.2. If you need to contact us, you can contact us by email at email@example.com, or by post at Customer Services, Anabode Limited, 85 Great Portland Street, London W1W 7LT, United Kingdom.
1.3. In the unlikely event that you have a complaint about The Apps, please contact us using one of the methods referred to in paragraph 1.2 above.
2.1. The terms of this Licence apply to The Apps or any of the services accessible through The Apps, the Anabode website, or any other directly associated platform (“Services”), including any updates or supplements to The Apps or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in The Apps or any Services, the terms of an open-source licence may override some of the terms of this Licence.
2.2. We may change these terms at any time by notifying you of a change when you next start The Apps or log onto our website at www.anabode.co. 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.
2.3. From time to time updates to The Apps may be issued through The Application Store. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of The Apps and accepted any new terms.
2.4. You will be assumed to have obtained permission from the owners of the mobile telephone, computer or handheld devices (“Devices”) that are controlled, but not owned, by you to download or stream a copy of The Apps onto the Devices as described in condition 3.2.1. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Licence for the use of The Apps or any Services on or in relation to any Device, whether or not it is owned by you.
2.6. By using The Apps or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
2.7. Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for The Apps on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.
2.8. The Apps or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.9. 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 sense of the words preceding those terms.
3. Grant and Scope of Licence
3.2. You may:
3.2.1. download or stream a copy of The Apps onto your Devices and view, use and display The Apps on the Devices for your personal purposes only; and
3.2.2. use the Documents for your personal purposes only.
4. Licence Restrictions
4.1. Except as expressly set out in this Licence or as permitted by any local law, you agree:
4.1.1. You are aged 18 or over;
4.1.2. not to copy The Apps or Documents except where such copying is incidental to normal use of The Apps, or where it is necessary for the purpose of back-up or operational security;
4.1.3. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify The Apps or Documents;
4.1.4. not to make alterations to, or modifications of, the whole or any part of The Apps, or permit The Apps or any part of it to be combined with, or become incorporated in, any other programs;
4.1.5. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of The Apps 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 Apps with another software program, and provided that the information obtained by you during such activities:
18.104.22.168. is used only for the purpose of achieving inter-operability of The Apps with another software program;
22.214.171.124. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
126.96.36.199. is not used to create any software that is substantially similar to The Apps;
188.8.131.52. to supervise and control use of The Apps and ensure that The Apps is used by any person you permit to use it in accordance with the terms of this Licence;
4.1.6. to keep all copies of The Apps secure and to maintain accurate and up- to-date records of the number and locations of all copies of The Apps;
4.1.7. to include our copyright notice on all entire and partial copies you make of The Apps on any medium;
4.1.8. not to use any automated software to view the Services without our prior written consent and only access the Services manually;
4.1.9. not to access or seek to access any non-public areas of The Apps or the Services;
4.1.10. scan, probe, circumvent or seek to circumvent any security measures relating to The Apps or Services;
4.1.11. not to provide or otherwise make available The Apps in whole or in part (including object and source code), in any form to any person without prior written consent from us; and,
4.1.12. to comply with all technology control or export laws and regulations that apply to the technology used or supported by The Apps or any Services (“Technology”), together “Licence Restrictions”.
5. Acceptable Use Restrictions
5.1. You must:
5.1.1. not use The Apps or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into The Apps, any Services or any operating system;
5.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of The Apps or any Services, including the submission of any material (to the extent that such use is not licensed by this Licence);
5.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of The Apps or any Services;
5.1.4. not use The Apps or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.1.5. not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
5.2. Content That You Provide
5.2.1. Whenever you make use of a feature that allows you to upload content through The Apps, or to make contact with other users of The Apps, you must comply with the content standards set out in paragraph 5.3 below.
5.2.2. You warrant that any such contribution does comply with those standards, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.2.3. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in paragraph 6.3 (Rights you licence).
5.2.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.
5.2.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user.
5.2.6. We have the right to remove any posting you make if, in our opinion, your post does not comply with the content standards set out in paragraph 5.3 below.
5.2.7. The views expressed by other users do not represent our views or values.
5.2.8. Content that you provide may be available for other users to view through The Apps. You should only submit content that you are happy to share publicly. You should not submit any content that is confidential or that you do not want to share.
5.2.9. By using The Apps you are agreeing that properties you add will be included (when appropriate) on the Anabode portal.
5.3. Content standards
5.3.1. These content standards apply to any and all material which you contribute to The Apps and Services (Contributions), and to any interactive services associated with it.
5.3.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
5.3.3. Contributions must:
184.108.40.206. Be accurate (where they state facts).
220.127.116.11. Be genuinely held (where they state opinions).
18.104.22.168. Comply with applicable law in the UK and in any country from which they are posted.
5.3.4. Contributions must not:
22.214.171.124. Contain any material which is defamatory of any person.
126.96.36.199. Contain any material which is obscene, offensive, hateful or inflammatory.
188.8.131.52. Promote sexually explicit material.
184.108.40.206. Promote violence.
220.127.116.11. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
18.104.22.168. Infringe any copyright, database right or trade mark of any other person.
22.214.171.124. Be likely to deceive any person.
126.96.36.199. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
188.8.131.52. Promote any illegal activity.
184.108.40.206. Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
220.127.116.11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
18.104.22.168. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
22.214.171.124. Give the impression that they emanate from us, if this is not the case.
126.96.36.199. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.3.5. Your Account and Passwords
5.3.6. If you choose or are provided with a user identification code, password or other log in information, you must treat such information as confidential and must not disclose it to any third party.
5.3.7. We have the right to disable any user identification code or password at any time, if in our reasonable opinion, we believe that you have failed to comply with the terms of this agreement.
5.3.8. If you know or suspect that someone other than you knows your user identification code or password, please contact us as soon as possible at firstname.lastname@example.org.
6. Intellectual Property Rights
6.1. You acknowledge that all intellectual property rights in The Apps, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in The Apps are licensed (not sold) to you, and that you have no rights in, or to, The Apps, the Documents, the Services or the Technology other than the right to use each of them in accordance with the terms of this Licence.
6.2. You acknowledge that you have no right to have access to The Apps in source-code form.
6.3. Rights You Licence:
6.3.1. When you upload or post content to our site, you grant the following licenses:
188.8.131.52. You grant to us a worldwide, irrevocable, non-exclusive, royalty- free licence to use, store, reproduce, distribute, sub-license, display, modify and edit your content;
184.108.40.206. You grant to third parties who access your content through our App a royalty-free, non-exclusive licence to use your content for the purposes of making full use of The Apps and the Services.
7. Limited Warranty
7.1. We warrant that:
7.1.1. The Apps 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
7.1.2. that the Documents correctly describe the operation of The Apps in all material respects,
7.2. If within the Warranty Period, being up to 30 days from the date on which The Apps is downloaded or streamed to the Devices (“Warranty”), you notify us in writing of any defect or fault in The Apps as a result of which it fails to perform substantially in accordance with the Documents, we will try to remedy the defect and if possible, issue an update that remedies the defect. If we are unable to remedy the defect within a reasonable time, you will be entitled to a full refund of the purchase price or any subscription that you paid for The Apps.
7.3. The warranty does not apply:
7.3.1. if the defect or fault in The Apps or any Services results from you having amended The Apps;
7.3.2. if the defect or fault in The Apps results from you having used The Apps in a way that breaches any of the terms of this Licence;
7.3.3. if you breach any of the terms of this Licence.
7.4. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.5. We do not guarantee that the Services or any content available through The Apps will always be available or will be uninterrupted.
8. Limitation of Liability
8.1. You acknowledge that The Apps 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 Apps as described in the Documents meet your requirements.
8.2. You acknowledge that The Apps is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for private, personal, non-commercial use, subject to this Licence. You agree not to use The Apps and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity resulting from your use of The Apps.
8.3. We are not responsible for content supplied by parties and we will not be liable to you for any loss or damage, even if foreseeable, arising in connection with your use or reliance on any information or content accessed through The Apps.
8.4. We are not responsible for and will not be liable to you for any loss or damage, even if foreseeable, arising in connection with your use of links to other websites accessed through The Apps or your use of those websites.
8.5. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your Devices as a result of your use of The Apps or downloading any content on it or on any website linked to it.
8.6. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the limit specified in condition 8.7, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
8.7. Our maximum aggregate liability under or in connection with this Licence (including your use of The Apps and any Services) whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise, shall in all circumstances be limited to £0.0001. This does not apply to the types of loss set out in paragraph 8.13.
8.8. We make no representation or warranty, express or implied, that information and materials in The Apps are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
8.9. You assume sole responsibility for results obtained from the use of The Apps, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with The Apps and any Services, or any actions taken by us at your direction.
8.10. We are not the owner of content that is provided by users of our App and other third parties (“Third Party Content”) and we do not verify the accuracy of any Third Party Content. You are strongly advised to verify the accuracy of Third Party Content yourself before you rely on it. We will not be liable for any loss or damage that you suffer as a result of relying on any Third Party Content. This does not apply to the types of loss set out in paragraph 8.13 below.
8.11. Your interactions with organisations and/or individuals found on or through The Apps and the Services, whether added by Anabode or by You, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Anabode does not endorse or make warranties whatsoever, express or implied, with respect to the ability of such organisations and/or individuals to deliver such goods or services, and you agree that Anabode shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of The Apps and Services, or between Users and any third party, You understand and agree that Anabode is under no obligation to become involved. In the event that you have a dispute with one or more other Users or any third party, you hereby release Anabode, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
8.12. Although we make every attempt to ensure that it is correct and accurate, We cannot guarantee the accuracy of the information on The Apps and the Services, and We are not liable for any problems or losses arising from errors in the content. In using The Apps and Services provided by us, You acknowledge that Anabode is not acting as a contractor, agent, or property manager, and is not responsible for any work done or offered. It is Your responsibility to select a suitable third-party and to negotiate the terms for any work that they undertake, and We will not be involved or held liable for the agreement between You and the third-party. We recommend that, before entering into a contract with any third-party, You obtain confirmation of insurance cover, guarantees, qualifications and any other necessary documentation. If you suffer any problems or losses as a result of acting on the information provided outside of The Apps and Services, Anabode will not be liable.
8.13. Nothing in this Licence shall limit or exclude our liability for:
8.13.1. death or personal injury resulting from our negligence;
8.13.2. fraud or fraudulent misrepresentation; and
8.13.3. any other liability that cannot be excluded or limited by English law.
9. Fees, Invoices & Payments
9.1. Licensee will pay all fees specified for the Service as agreed between the Licensee and Anabode.
9.2. Fees for the Service will be invoiced to Licensee, in accordance with the relevant subscription or purchase made through the Service and payment shall be remitted from the Licensee’s country of residence. Fees shall be due in accordance with the invoice issued by Anabode or as otherwise set forth on the Service for the applicable subscription or order and all fees are quoted and payable in the currency of the invoice (unless otherwise agreed).
9.3. The Licensee shall provide Anabode with complete and accurate billing and contact information including a valid email address for receipt of invoices. The Licensee will make payments via by credit card or direct debit (unless otherwise agreed). For the avoidance of doubt, this Agreement shall apply to any use of The Apps or Services, even if done so on a free or trial basis.
9.4. Fees are charged in advance and are non-refundable. Unless required by law, Anabode will not provide refunds in connection with the Anabode Services.
9.5. International Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by Anabode in your local currency. If your bank statement and/or credit card statement charge differs from your Anabode invoice, please contact your bank in the first instance. Anabode is not liable for any additional bank transaction fees that may be charged by your bank or intermediary institutions.
9.6. The Licensee agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Anabode regarding future functionality or features.
9.7. Any payment not received from the Licensee by the relevant due date will incur a £10 late payment fee. The Licensee shall pay the late payment fee, together with the overdue amount and any administration costs incurred by Anabode.
9.8. If any payment method used by the Licensee fails or is later reclaimed by the Licensee’s bank or card issuer, the Licensee agrees to pay any costs incurred by Anabode in addition a £10 administration fee.
9.9. Anabode’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”).
9.10. The Licensee is responsible for paying all Taxes associated with its purchases under this Agreement. If Anabode has the legal obligation to pay or collect Taxes for which the Licensee is responsible under this Clause, Anabode will invoice the Licensee and the Licensee will pay that amount unless the Licensee provides Anabode with a valid tax exemption certificate authorised by the appropriate taxing authority. For the avoidance of doubt, Anabode is solely responsible for taxes assessable against it based on its income, property and employees.
9.11. All fees payable to Anabode under their Service Level Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind and the Licensee will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this agreement or Licensee ’s receipt or use of the Services, except for taxes based on Anabode net income. In the event that Anabode is required to collect any tax for which its Licensee is responsible (including but not limited to, Sales Tax, VAT, GST), the Licensee will be liable to pay such tax directly to Anabode. If the Licensee pays any withholding taxes that are required to be paid under applicable law, the Licensee will pay these directly to taxing authorities above fees due to Anabode, but not net against any invoices due to Anabode. Licensee s will provide Anabode with written documentation of all such tax payments, including receipts (if requested by Anabode in writing).
9.12. Anabode may monitor the usage of the Service on its hosted servers to validate the number of subscriptions and/or purchases made through the Service by the Licensee and/or its Authorised User.
9.13. Changes to the Pricing: Anabode reserves the right to increase pricing for the use of The Apps and Services at any time. Where the increase in pricing will affect the Licensee , they will be given at least 6 weeks written notice provided to the email address listed for invoicing purposes within the account.
10.1. We may terminate this Licence immediately by written notice to you:
10.1.1. if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
10.1.2. if you breach any of the restrictions set out in paragraph 5.3 (Content Standards).
10.1.3. Anabode will not class the Licensee Subscription as cancelled until it has received confirmation from its chosen direct debit bureau or other relevant payment services provider that this has occurred. Anabode’s automated payment gateway will continue to charge until it has received confirmation of this cancellation.
10.2. On termination for any reason:
10.2.1. all rights granted to you under this Licence shall cease;
10.2.2. you must immediately cease all activities authorised by this Licence, including your use of any Services;
10.2.3. you must immediately delete or remove The Apps from all Devices, and immediately destroy all copies of The Apps and Documents then in your possession, custody or control and certify to us that you have done so;
10.2.4. we may remotely access the Devices and remove The Apps from all of them and cease providing you with access to the Services and The Application Store.
11. Contacting You
11.1. 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 Apps. We may have need to contact you by phone on the number you provide on registration.
12. Your Right to Cancel
12.1. If you are a consumer, you have a right to cancel this agreement at any time within 14 days starting on the day after you downloaded The Apps. If you wish to cancel, please contact us by email at email@example.com or by post to Customer Services, Anabode Limited, 85 Great Portland Street, London W1W 7LT, United Kingdom.
12.2. If you cancel during the cancellation period set out in paragraph 11.1 above, we will refund the purchase price or subscription that you paid for The Apps, using the same method that you used to pay for The Apps. You must stop using The Apps and the Services and delete The Apps and Documents from all of your Devices.
12.3. Your rights to cancel do not affect your rights if The Apps is defective.
13. Events Outside Our Control
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
13.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
13.2.1. our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
13.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
14. Other Important Terms
14.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
14.2. You may only transfer your rights or obligations under this Licence to another person if we agree in writing.
14.3. If we fail to insist that you perform any of your obligations under this Licence, 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.
14.4. Each of the conditions of this Licence 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.
14.5. Please note that this Licence, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.