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Introduction

The CERT Life App offers a simpler yet enhanced living experience for CERT property Limited’s tenants, enabling these users to publish, offer, search for, and book services and events that relate to their lifestyle, property and the wider community in and around it. 

Access to the App is provided for tenants, administrators of the App and others who are part of the community, e.g. the vendors offering services.

These terms and conditions apply to all users of the CERT Life App (whether as an App or in any other format).  If you do not agree to these terms and conditions you must not use or cease using this App.

1. Definitions

The following terms shall have the meanings set out in these terms and conditions. 

1.1 “We”, “Us”, “Our” refers to CERT Life and certlife.co.uk, a trading name of CERT property Limited, Company No: 05869097, Registered Office: Hilton House, 26 – 28 Hilton Street, Manchester, England, M1 2EH.

1.2 Our App” refers to the CERT property App, CERT Life, provided in app form or any other format. “This App” shall be construed accordingly.

1.3 Our Domain Name” refers to the CERT Life domain name certlife.co.uk. “This Domain Name” shall be construed accordingly.

1.4 You” refers to any individual or organisation (and individuals accessing for organisations and us) that accesses our App and “your” shall be construed accordingly.

1.5 User” refers to any individual (including individuals using for organisations) that accesses our App and “the user” shall be construed accordingly.

1.5 App Vendors” refers to an individual or organisation that offers goods and/or services which may be accessed via the admin console and may provide unique discounts, offers and events to our tenants exclusively within our App. “Vendors” shall be construed accordingly.

1.6 Community” refers to individuals in our properties and our App Vendors. “Our community” shall be construed accordingly.

1.7 Asset Manager” refers to an individual within CERT property that manages one of our  properties linked to the CERT Life App. “Asset Manager” shall be construed accordingly.

2. Our mission

Our mission is to create a simpler yet enhanced tenants’ living experience through the CERT Life platform.

3. User accounts

3.1 This App is only available to our tenants, our staff/agents and App Vendors. The App is downloadable for Android on the Playstore and iOS in the App Store. Access to the App is provided by invitation only from our team.  For tenants access is on completion of a signed tenancy agreement and will be for the duration of the agreement.  For App Vendors access is on completion of an agreement to access and will be for the duration of the agreement.

3.2 For Users other than our staff, you must register an account to access and use the features of the CERT Life App. Registration is only permitted for individuals (being tenants or representing tenants or vendors) who are 18 years or older. During registration for the App you must complete the consent form and accept the additional terms and conditions within the App, provided by the App developer. 

3.3 You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify your Asset Manager if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your CERT Life App account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials). 

3.4 Access to the App will terminate in line with the end of your tenancy agreement or the agreement to act as a Vendor.

3.5 Termination or suspension of accounts will also take place in the event that the terms and conditions of use are violated.  We may also terminate or suspend any account in our absolute discretion, we will however consider any application to reinstate an account we have terminated or suspended, except where this is for a breach of the terms or conditions of the App, any other agreement with us, or for causing harm or detriment to us, or any other user of the App.

4. Your responsibilities

4.1 You are responsible for your own acts and omissions whilst using the CERT Life App. For example, this means that you must act with integrity, treat others with respect and comply with applicable laws at all times. 

4.2 Any agreements between users and particularly with App Vendors are not our responsibility.  We provide the App to allow users to access content and interact with each other. You are responsible for any agreements and contracts you enter with others.

4.3 You will be responsible for any content you provide on to the App.  You agree that we are not responsible for any content other than that provided directly by us and our staff/agents and you will indemnify us against any claims we may face as a result of content you provide on to the App (see clause 5 below).

5. User content

5.1 Parts of the CERT Life App enable you to interact with the wider community in your building, including: posting to and commenting on the newsfeed, adding announcements, creating and booking events, adding polls, listing items to the marketplace, booking communal spaces such as the cinema room, function rooms and meeting rooms, accessing offers, discounts, events and services from our App Vendors, connecting with the wider community in your building through the “People” section, making requests, viewing documents and videos about your building, messaging your Asset Manager and members of the community with an open profile, adding photos, videos, information and other content (“Content”), and updating your profile.

5.2 By providing Content, in whatever form and through whatever means, you confirm that you are able to do so, and grant CERT Life a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the CERT Life App, in any media or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy

5.3 Where CERT Life pays for the creation of Content or facilitates its creation, CERT Life may own that Content. CERT Life Content may only be used in the App for its purposes. You are not authorised to make any other use of such Content unless specifically authorised to do so by CERT property Limited.

5.4 You are solely responsible for all Content that you provide and warrant that you either own it, or are authorised to grant CERT Life the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. You authorise the use of your Content by CERT property Limited, and other users, to the extent that may reasonably be expected from your publication of the Content.  You agree not to use the Content provided by any other user except for the purposes of the App, or as they may reasonably expect.

5.5 Content must not discriminate; we prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content.  All Content must comply with our acceptable use policy.  We may update our acceptable use policy at any time with immediate effect.

6. App content

6.1 Content made available through the CERT Life App may be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of CERT Life and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the CERT Life App except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, CERT property Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the App and accessible to you, solely for your personal and non-commercial use.

6.2 If you believe that Content on the CERT Life App infringes copyrights, please notify us.

7. Platform rules

7.1 You must follow these rules:

  • Act with integrity and treat others with respect
  • Do not lie, misrepresent something or someone, or pretend to be someone else
  • Be polite and respectful when you communicate or interact with others.
  • Do not discriminate against or harass others
  • Comply at all times with the Acceptable Use Policy.

7.2 When using the App you agree that you will not (and not allow any third party to):

  • scrape, hack, reverse engineer, compromise or impair the CERT Life App
  • use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the CERT Life App.
  • hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the CERT Life App
  • decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the CERT Life App.
  • take any action that could damage or adversely affect the performance or proper functioning of the CERT Life App. 

7.3 Only use the CERT Life App as authorised by these Terms and/or the Terms of the App developer

7.4 You agree to the following provisions in using the App:

  • You may only use another User’s personal information as necessary to communicate with them via the “People” and “Messages” sections, and in the “Newsfeed” comments section.
  • Do not use the CERT Life App, our messaging tools, or Users’ personal information to send commercial messages without their express consent.
  • You may use Content made available through the CERT Life App solely as necessary to enable your use of the CERT Life App
  • Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another agreement you have with us.
  • Do not use, copy, display, mirror or frame the CERT Life App, any Content, any CERT Life branding, or any page layout or design without our consent. 

7.5 Honour your legal obligations when using the App:

  • Understand and follow the laws that apply to you, including privacy and data protection.
  • Do not use the name, logo, branding, or trademarks of CERT Life or others without permission.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with the CERT Life branding.

8. Reporting Violations

8.1 If you believe that a User or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting CERT Life. In addition, you should report your concerns to CERT Life. If you reported an issue to local authorities, CERT Life may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

8.2 If you believe that a User is in breach of any of these terms, or our acceptable use policy, you should report it to the Asset Manager without delay.

9. Termination, Suspension and other Measures

9.1 Term. The agreement between you and CERT property Limited reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

9.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. However, by doing so you will lose access to the App,  raising maintenance tickets, and access to your Asset Manager. 

9.3 CERT property Limited may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. CERT property Limited may also terminate this agreement immediately and without prior notice and stop providing access to the CERT Life App if (i) you materially breach these Terms (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of CERT property Limited, its Tenants, Vendors or third parties, (iv) your tenancy agreement with us comes to an end, (v) your agreement as a Vendor comes to an end, or (vi) you cease to be an employee or agent of ours.

9.4 User Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations or third party rights, (iii) you have received complaints about your conduct, or (iv) such action is necessary to protect the personal safety or property of CERT property Limited, its Tenants, Vendors or third parties, CERT property may:

  • suspend or limit your access to or use of the CERT Life App and/or your account;
  • suspend or remove Content

In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by CERT property Limited and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws.

9.5 Legal Mandates. CERT property Limited may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.

9.6 Effect of Termination. If your access to or use of the CERT Life App has been limited, or suspended, or this agreement has been terminated by us, you may not register a new account or access or use the CERT Life App through an account of another User.

9.7 Appeal. If CERT property Limited takes any of the measures described in this Section 9 you may appeal such a decision by contacting your Asset Manager.

10. Modification of these Terms

When we propose changes to these Terms, we will post the revised Terms on the certproperty.co.uk website and update the “Last Updated” date. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. If you do not accept the changes your use of the App will be terminated.  Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by CERT property Limited, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the CERT Life App after the effective date of the proposed changes will constitute acceptance of the revised Terms.

11. CERT property Limited’s Role

11.1 We offer you the right to use a platform that enables its Users to publish, offer, search for, and book services and events that relate to their lifestyle, property and the wider community in and around it

11.2 While we work hard to ensure our Users have great experiences using CERT Life App, we do not and cannot control the conduct or performance of other Users and do not guarantee the Content provided by Users. You acknowledge that CERT property Limited has no general obligation to monitor the use of the CERT Life App and verify information provided by our Users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the CERT Life App (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Content that does not meet quality and eligibility criteria.

11.3 Where we remove or disable Content, we will notify a User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users, Vendors or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting your Asset Manager. Users agree to cooperate with and assist CERT property Limited in good faith, and to provide CERT property Limited with such information and take such actions as may be reasonably requested by CERT property Limited with respect to any investigation undertaken by CERT property Limited regarding the use or abuse of the CERT Life App.

12. Disclaimer

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User or Vendor, and we do not warrant that verification, identity or background checks conducted on Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User being “verified” (or similar language) indicate only that the User or CERT property Limited has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the CERT Life App. CERT property Limited may, temporarily and under consideration of the Users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the CERT Life App or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the CERT Life App.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold CERT property Limited (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (ii) your improper use of the CERT Life App, (iii) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights, or (iv) any Content you place on the App. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

14. Miscellaneous

14.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, and standards, these Terms constitute the entire agreement between CERT property Limited and you pertaining to your access to or use of the CERT Life App and supersede any and all prior oral or written understandings or agreements between CERT property Limited and you about the CERT Life App. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and CERT property Limited.  These terms shall be construed on the basis of English law and are subject to the sole jurisdiction of the English courts.

14.2  No Waiver. CERT property Limited’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

14.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without CERT property Limited’s prior written consent. CERT property Limited may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 9.2 remains unaffected.

14.4 Notice. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by CERT property Limited via email, CERT Life App notification, messaging service (including SMS), or any other contact method we enable you to provide. 

14.5 Third-Party Services – Vendors. The CERT Life App may contain links to third-party websites, applications, services or resources (“Third-Party Services”/”Vendors”) that are subject to different terms and privacy practices. CERT property Limited is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

14.6 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your CERT Life account. Enrollment in additional email subscriptions will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to any CERT property Limited services to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails by using the unsubscribe link in the emails if you would prefer not to receive  them. Please note that you will not be able to take advantage of certain promotions if you disable certain communications.

15. Use of Site

15.1 We are not responsible for viruses and you must not introduce them. We do not guarantee that our site or our service will be secure or free from bugs or viruses.

15.2 You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.

15.3 You must not misuse our site or our service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored, or any server, computer or database connected to our site. You must not attack our App or any associated site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

15.4 The App may not be available from time to time for maintenance or reasons beyond our reasonable control. We are not responsible for the lack of availability of the App at any time.

16. Contact Information

If you have any questions about the CERT Life App, not covered in these terms and conditions, or if you wish to speak to someone about our terms and conditions, please contact our representative:

Johnny Villaneuva, Community Engagement Marketing Manager
Email: info@certproperty.co.uk
Address: CERT, 4th Floor, Hilton House, 26-28 Hilton St, Manchester M1 2EH

 

Document control

Version Date Author Status Comments
v1 22nd December 2023 Gemma Tomlinson, Head of Marketing. Live Terms and conditions coinciding with the launch of the CERT Life App.