Terms and Conditions

These Terms and Conditions govern the manner in which we (for the purposes of this document, known as "JRProperty") provide our products/services to the "Customer" (being a client, agent or reseller).

1. Applicability of these Terms and Conditions: These are the terms and conditions (“Terms and Conditions”) applicable to all JRProperty applications (referred to as an “Application”) purchased or licensed under an “Order Form” executed (either in writing or online) with JRProperty that incorporate these terms and conditions by reference. These Terms and Conditions, together with each Order Form, are collectively referred to as the “Agreement”. These Terms and Conditions are equally applicable and enforceable as if fully stated with each Order Form in the same document. The Agreement provides the company, reseller, broker or agent (a “Customer”) with the right to use an Application and is expressly conditioned and subject to Customer’s acceptance of these Terms and Conditions. Customer may execute multiple Order Forms with JRProperty, and each such Order Form shall also become part of the Agreement which incorporates these Terms and Conditions.

2. Application Users: JRProperty will provide one or more methodologies for Customer and other end users to obtain access to and become users of the Application(s) (“Users”). The Applications provide Users with the ability to search and retrieve real estate listings, recruitment agency listings and other business services from their mobile devices. Customer’s brand will be featured in the Applications, which would also include display of the “powered by JRProperty” tagline (unless expressly specified otherwise). Fees and Term: The “Fees” for such use of the Application are set forth in the Order Form and are payable without set-off, deduction or counterclaim. The “Term” of this Agreement shall commence on the date of the completed Order Form and shall continue for 3 months and thereafter shall automatically renew for successive three month periods. Customer agrees to pay all charges due through the end of the contract period. Setup, implementation and other development fees in all instances are not refundable. Notwithstanding the foregoing notice period, JRProperty may terminate this Agreement and disable use of the Application if the Customer breaches any term of this Agreement and fails to cure such breach within 10 business days after notice from JRProperty.

3. Payment Terms: Customer shall make all payments due under this Agreement via Bank Transfer (preferred payment method of JRProperty) or other means deemed necessary, in advance of services being provided (and within standard payment terms). The Customer is responsible for any sales, use, value-added and other similar taxes. JRProperty may charge interest on all unpaid amounts due at a rate equal to 1.5% per month or the highest rate permitted by applicable law, whichever is lower.

4. Listings: If applicable in the Agreement, Customer and JRProperty will jointly apply for approval to receive data feeds from a 3rd party - a Listing Service and/or Software Supplier/Portal where Customer is a member/subscriber, for purposes of providing the services. If at any time JRProperty is notified by the 3rd party that Customer is no longer a member/subscriber, JRProperty may terminate the services until such time as the Customer is once again authorized to use the services from the 3rd party.

5. Advertising and Marketing: Customers may place advertisements in the Application and Customer with the Approval of JRProperty and shall be entitled to any compensation or revenue from any such advertising except if JRProperty wish place advertisements directly in which case JRProperty shall be entitled to any compensation or advertising from any such advertising. Customer shall market the Application in Customer’s trade area to make consumers aware of the Application, that it is available for download on the Customer’s website and where appropriate in the Customer’s media advertising.

6. Use of Marks: JRProperty hereby grants to Customer a limited license to the trademarks owned by JRProperty (“JRProperty Marks”) solely to identify Customer as having a business relationship with JRProperty.

7. Ownership: As between JRProperty and Customer and any User, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of JRProperty.

8. Hosting & Maintenance: JRProperty hosts the data and software for the Application. JRProperty is not responsible for any outages or service interruptions that occur from time-to-time when using the Applications, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, JRProperty is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. JRProperty, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.

9. Adherence to Real Estate Laws: Each party will be responsible for ensuring their conformance to the appropriate local or national laws relating to the sale/rental of real estate and for alerting the other to any business practice that must be instituted to meet any law or regulation.

10. Mutual Representations: Each of JRProperty and Customer hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.

11. Disclaimer of Warranties: THE APPLICATION IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN “AS IS,” “WITH ALL FAULTS” BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE JRProperty SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.

12. Limitation of Liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Confidentiality: All Information about the pricing and other economic terms of this Agreement (collectively, “Information”) provided by one party to the other pursuant to this Agreement shall be regarded as confidential and proprietary. Information shall not be (1) used for any purpose other than as contemplated in this Agreement or (2) disclosed in any manner to any third party, without the prior written consent of the party disclosing the Confidential Information.

14. Governing Law and Venue: This Agreement shall be governed by, and construed in accordance with the laws of England, without regard to any conflict of law principles.

15. Force Majeure: Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a “Force Majeure”), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.

16. Severability, Enforcement: If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.

17. Notice: Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to JRProperty, specifically addressed to Legal Department.

18. Other Terms: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. This Agreement may not be assigned by Customer without the prior written consent of JRProperty and any such purported assignment shall be null and void; provided, however, that Customer may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of JRProperty. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between JRProperty and Customer. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Mobile Terms of Use

It is important that you read and accept these Terms prior to accessing, downloading or otherwise using an Application and the related software, data or technology used, stored, licensed or accessed with an Application and the related intellectual property embodied therein. Your use of an Application indicates that you accept these Terms.

1. General. The Applications are owned and/or operated by JRProperty and are intended for personal use. Any commercial use of the Services is limited to transactions done on your behalf, or by Real Estate Brokers (or "Estate Agents") or Agents or other third parties that have separately licensed use of the Services from JRProperty under a written license agreement.

2. Modification. JRProperty may revise these Terms at any time, with or without notice to you. You should visit this page from time to time to review the then current Terms for an Application.

3. Disclaimer. Information available through an Application is deemed to be reliable but not guaranteed. All real estate (property) listings are provided via a 3rd party acting on the Customer's behalf. The Customer has attempted to offer accurate data, but buyers are advised to confirm all items. Some properties which appear for sale or rent within an Application may no longer be available because they are under contract, have been sold/let or are no longer being offered for sale or rent.

4. Copyright and Trademark Notices. All contents of an Application are copyright protected by JRProperty. All rights reserved. Any trademarks from 3rd party products/services (including, but not limited to "Apple" and "Google") are copyright to their respectfull owners.

5. Privacy Policy. JRProperty’s Privacy Policy for the JRProperty Website are incorporated herein by reference as if fully stated herein. Do not use an Application until you have carefully reviewed the policy. Your use of the JRProperty Website is deemed acceptance of this policy.

Contacting us

If you have any questions about these Terms and Conditions, contact us at:

JRProperty’s
www.jrproperty.co.uk
+44 (0) 20 3086 8206
support@jrproperty.co.uk

This Privacy Policy was last updated on January 23, 2014