My Simple Life London App Terms & Conditions
MY SIMPLE LIFE LONDON
APP TERMS AND CONDITIONS OF USE
Last updated: 26th, January 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON ON THE APP, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT TAP “ACCEPT”.
1. About us
The My Simple Life London App is a mobile application (the App) operated by London BTR Investments Limited (12524275) (trading as ‘Simple Life London’), and having its registered address as Floor 3, 1 St Ann Street Manchester, M27LR (Simple Life London, we, us, our).
The App is a free service designed to allow users of the App who are our tenants (user, you, your) to:
- provide users with access to specific information, ‘how to’ guides and user manuals in relation to Simple Life London properties;
- promote discounts and offers on goods and services to our users;
- allow users to engage with our other tenants residing in nearby Simple Life London properties on a community forum;
- report any faults or maintenance issues relevant to your Simple Life London property to us;
- provide updates and news to users with relate to Simple Life London properties; and
- allow users to manage their tenancy relationships with us by providing access to copies of their tenancy documentation and make arrears payments,
(together, the Service).
2. By using the App you accept these Terms
You should print a copy of these Terms for future reference.
3. We may make changes to these Terms
We may amend the Terms from time to time to reflect changes in law or best practice, or to deal with additional features which we introduce. Every time you wish to use the App, please check the Terms to ensure you understand the Terms that apply at that time. The most current version of these Terms can be accessed at any time at https://www.simplelifelondon.co.uk/my-simple-life-london-app-terms-conditions/.
Your acceptance of these Terms is given when you continue using the App. If you do not accept any changes to the terms, you are free to terminate these Terms as under section 19 (Termination).
4. Additional Terms which may apply to your use of the app
Our Payment Service Provider is Opayo (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland.
Opayo provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Opayo’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Opayo uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Opayo systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Opayo is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Opayo is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
So when buying through our site, you can be sure that you are completely protected.
Please note that when using the ‘Make a Payment’ feature, you will be making payment to our property management agency, Kinleigh Folkard & Hayward, 5 Compton Road, Wimbledon, London, SW19 7QA (trading as ‘KFH‘) who is responsible for taking rental payment from our tenants on our behalf.
The terms of the Apple App Store and Google Play (as relevant to your use of the App) may also apply. Therefore, the ways in which you can use the App may also be controlled by:
- Apple App Store’s rules and policies: https://appstoreconnect.apple.com/WebObjects/iTunesConnect.woa/wa/termsOfService; or
- Google Play’s rules and policies: https://play.google.com/about/console/terms-of-service/,
which rules and policies (whichever is relevant to your use of the App) will apply instead of these Terms where there are differences between the two.
5. Payment terms
Any payments through the My Simple Life London app are related to the services provided by Simple Life London as landlord and property management including overdue rental balances and arrears, and some maintenance recharges.
You can request a refund if you have made an overpayment, or believe you have paid for something you shouldn’t have been charged for. Please get in touch if you believe you are due a refund.
We will not refund standard rental payments in line with your AST terms. Deposit returns are handled independently and are not processed via the app.
6. We may make changes to, suspend or withdraw the App
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
We do not guarantee that our App or the Service will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may carry out troubleshooting and routine testing on the App from time to time. Access to the App (or to certain features of the App) may be limited during those periods, but we will try to give you reasonable notice of any resultant interruption or downtime.
7. We are not responsible for viruses and you must not introduce them
We do not guarantee that the App or its contents will always be free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access and use the App, and you should use your own virus protection software.
8. Your My Simple Life London account
To use this App, you must:
- be 18 to accept these Terms and download the App;
- be a current tenant of Simple Life London and residing in a Simple Life London owned property; and
- register to create an account (Account).You may register directly via the App by completing the fields presented to you when the App first loads on your device.
We will create your Account by matching the email address that you provide to us when creating an Account with the information that we hold on you and your tenancy agreement to verify that you are a current tenant of Simple Life London. After you have entered your email address on the App registration page and if we successfully match your email address with our records, we will send a unique code to that email address to verify your identity. More detail about our collection of your personal information is set out at section 8 (Personal information and our use of your content).
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email to [email protected].
9. Personal information and our use of your content
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
When we receive information from you or content which is otherwise generated in connection with your use of the App, you grant to us a royalty-free, perpetual, non-exclusive, worldwide, fully and freely transferable and sub-licensable, irrevocable right and licence to use such information and content. On any termination of these Terms, the licence granted pursuant to this section 8 shall continue in perpetuity.
While you comply with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the App (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use the App for anything else, including for any commercial purposes.
11. Licence restrictions
You must not:
- infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including by the submission of any material (to the extent that such use is not licensed by these terms). Please see section 13(Intellectual property rights) below for further information;
- use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (e.g., by hacking into or inserting malicious code, viruses or harmful data, into the App or any operating system);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App or our systems;
- rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us and if you sell any device on which the App is installed, you must remove the App from that device;
- copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms;
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Simple Life’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
You agree that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
12. Using the Forum
The ‘Forum’ section of the App allows users to communicate and join discussions with other tenants residing in your Simple Life London property or in nearby Simple Life London properties (the Forum). These communications and discussions will be publicly available, but will only be visible to Simple Life London and other users in your Simple Life London development.
You agree and understand that the Forum does not have a pre-moderation process and that we strive to keep our intervention to a minimum in order to let the conversation between users flow naturally.
In using the Forum, you must:
- try to use the same level of courtesy when posting messages on the Forum as you would when speaking to someone in person;
- not post anything on the Forum that is defamatory, offensive or otherwise objectionable, including anything which contains personal attacks against other users and/or is obscene, racist, sexist, disablist, homophobic or otherwise discriminatory;
- not use swear words in anything that you post;
- not ‘spam’ the Forum with links in order to promote your own products, services, survey, or campaign;
- not, if any posts are removed from the Forum by Simple Life for breaching the restrictions in this section 11, continuously to post the relevant material on the Forum.
Should you wish to:
- make a complaint relating to another user’s material posted on the Forum;
- report a breach of the restrictions in this section 11 by another user; or
- make a complaint in relation to Simple Life’s moderation of the Forum,
please contact us using the contact details set out in section 25 below (how to contact us and how we will contact you).
13. Third party links
The App or any Service may contain links to other independent websites which are not provided by Simple Life London, including when you use the ‘maintenance’ section which allows you to access the dedicated Simple Life London page on the website operated by Tactile Limited (trading as ‘FixFlo’) to submit property maintenance enquiries. Other users may also post such links in the Forum. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We may receive a commission or payment from third parties if you access certain independent websites that we advertise on the App and take advantage of any discounts or offers that we promote in the App, including in the ‘Offers’ section.
14. Intellectual property rights
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these Terms.
As set out in section 10 (Licence restrictions) above, you must not infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including by the submission of any material (to the extent that such use is not licensed by these terms). You agree to indemnify us for any loss suffered either by us as a result of your non-compliance with this section 13.
15. Do not rely on information on the App and Service
You agree and understand that:
- the information provided on the App, including the guidance and manuals in the ‘Maintenance’ and ‘My Home’ sections of the App or uploaded by other users of the on the ‘Forum’ section of the App, represents informal information sharing; and
- in the case of the information and documents made available to you in the ‘Documents’ section of the App (Documents), such Documents are copies of original, important (and in some cases, legally binding) documents and provided for ease of your reference only.
You agree that Simple Life London cannot guarantee the accuracy of information entered by other users on the App or provided by or made available by us on the App, including the Documents. The information on the App (including the Documents) is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
You should contact us to obtain copies of the Documents on which you can rely and which are up-to-date.
Although we make reasonable efforts to update and ensure the accuracy of the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16. Check that the App and the Service are suitable for you
The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the app store site) meet your requirements.
17. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
The use of the App and/or its contents is at your own risk. The contents of the App could include technical inaccuracies or typographical errors.
Nothing in these Terms is intended to affect or limit your rights under the law. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
18. Please back-up content and data used with the App
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
19. We are not responsible for events outside our control
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
We can terminate these Terms or stop providing any of the Service at any time and for any reason. We may also change, suspend, terminate or discontinue any aspect of the App or the Service including availability of certain features at any time and for any reason. Where possible, we will endeavour to give you notice before doing so.
A reasonable time after you are no longer a tenant of Simple Life London, your access to the Services and the App will be terminated and your account and the information contained in it will be deleted. If your Account is inactive for a significant length of time, we may delete your Account and data contained in it.
You can terminate these Terms insofar as they are applicable to you for any reason by giving us immediate notice. In addition, either party may terminate these terms immediately if the other is breaching any of its responsibilities under these terms (including the Licence restrictions under section 10).
If we end your rights to use the App and Services:
- your right to use the App and the Service will cease and we may terminate your access to and use of the App and Service and invalidate all or any relevant access details;
- you must stop all activities authorised by these terms, including your use of the App and any Services;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
On any termination of these Terms, your right to use the App and the Service will cease and we may terminate your access to and use of the App and Service and invalidate all or any relevant access details.
Termination for whatever reason of these Terms, will not affect: (a) any rights, liabilities or obligations which accrued before such termination; or (b) any of these Terms that are intended to continue to have effect after such termination.
Simple Life London makes no claims that the App and/or its contents are appropriate or may be downloaded and/or used outside of the United Kingdom. Access to and use of the App and/or its contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the App and/or its contents from outside the United Kingdom, you do so at your own risk and are responsible for compliance with your local laws.
21. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. We and you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.
22. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
24. Third party rights and dealings
A person who is not a party to these Terms will not have any rights to enforce its terms.
We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms but you may not do so without our prior written consent.
25. Entire agreement
26. How to contact us and how we will contact you
To contact us for any reason, including because you have any complaints, please email us at [email protected].or write to us at Floor 3, 1 St Ann Street, Manchester M2 7LR.
If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.