Chat means a function within the Digital Services allowing two or more Users to communicate with each other;
Device includes a computer, tablet or mobile phone;
Digital Services means the MoveMaker Mobile Website or the MoveMaker Mobile App.
Licence means permission to use the MoveMaker Mobile App;
Mobile App means the facility that allows You to access the our services through an application for mobile phones and other Devices. You can access the Mobile App by using Your email address and password You selected for Your Device;
Mobile Website refers to www.movemakerapp.co.uk where You can access our services;
Password means the password You select when You first register to the Digital Services;
Property means a residential property owned by a Registered Landlord which You are the tenant or which property has been placed on the MoveMaker Mobile App by another user;
Registered Landlord means a Housing Association, Registered Social Landlord or Local Housing Authority;
Swap means a mutual agreement between two or more Users to exchange Properties;
Us/We/Our refers to Viridian Housing (Homes and Communities Agency registration number: LH0172, Community Benefit Society registration number: 12752R) of Colwell House, 376 Clapham Road, London, SW9 9AR
User means a registered user of the Digital Services who has accepted these Terms and Conditions;
User Content has the meaning given in paragraph 5.1;
You means You as a User.
1.1 Any words following the terms including, include, and in particular, for example, or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- 2.2 We may change these Terms and Conditions at any time by posting changes online. The new Terms and Conditions may be displayed on-screen and You may be required to read and accept them to continue Your use of the Digital Services.
- 2.3 From time to time updates to the Mobile App may be issued through the Apple App Store or the Google Play Store. Depending on the update, You may not be able to use the Digital Services until You have downloaded or streamed the latest version of the Mobile App and accepted any new terms.
- 2.4 You may be charged by Your service provider for internet access on the Devices. You accept responsibility in accordance with these Terms and Conditions for the use of the Digital Services on or in relation to any Device, whether or not it is owned by You.
- 2.5 By using the Digital Services You consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Digital Services that are internet-based or wireless to improve our products and to provide the Digital Services to You.
- 2.6 The Digital 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 them MoveMaker Mobile App in the Device.
- 2.7 The Digital 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 judgment regarding Your interaction with any Third Party Sites.
3 LICENCE GRANT AND RESTRICTIONS
- 3.2 You must:
- 3.2.1 Not redistribute, or transfer the Digital Services, or use them for any commercial or business use;
- 3.2.2 Not use the Digital Services in any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously;
- 3.2.3 Keep all Your passwords and log-in details secret. You must not give these details to any other person or record them in any way that could allow another person to access them. You must immediately inform us if You think another person may know Your security details.
- 3.2.4 Not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content from the Digital Services in any way except for Your own personal, non-commercial use. You must not adapt, alter or create a derivative work from any content from the Digital Services except for Your own personal, non-commercial use. Any other use of content from the Digital Services is subject to Our prior written permission;
- 3.2.5 Not share with any other person other than other Users and Registered Landlords any User Contents from the Digital Services;
- 3.2.6 Not infringe our intellectual property rights or those of any third party in relation to Your use of the Digital Services;
- 3.2.7 Not use the Digital Service in a way that infringes the rights or, restricts or inhibits anyone else's use and enjoyment. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue;
- 3.2.8 Not use the Digital Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 3.2.9 Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Digital Services.
- 3.3 Unless expressly stated the copyright and other intellectual property rights (such as, design rights, trademarks, patents etc.) in any material provided on the Digital Services remains Our property.
4 ACCESS AND REGISTRATION OF DIGITAL SERVICES
- 4.1 In order to use the Digital Services You must:
- 4.1.1 be a resident in United Kingdom; and
- 4.1.2 be a tenant of a Registered Landlord with a secure council tenancy or a flexible council tenancy, or a housing association tenant with an assured tenancy or a secure tenancy, or a housing association tenant with an assured shorthold tenancy, providing it has an initial fixed term of 2 years or more.
- 4.2 Whilst certain functionality within the MobileApp are available immediately once you have created your profile on the MobileApp and accepted these Terms and Conditions, certain functionality will only be available following successful completion of the registration process.
- 4.3 In order to successfully complete the registration process we will confirm the information you provide with the Registered Landlord whom you are a tenant of. We may refuse registration if we are unable to confirm this information.
- 4.4 By registering with MoveMaker and accepting these Terms and Conditions You agree to accept communication via email, within the Digital Services. You may receive communications from Us, Your Registered Landlord, other Users (who may be interested in arranging a Swap with You), the Registered Landlord of a User You have agreed a Swap with any other individuals who may be involved in the process of facilitating the Swap.
5 CONTENT YOU UPLOAD AND COMMUNICATE
- 5.1 The Digital Services allow You to post content, including photos, comments and other materials for the purposes of arranging a Swap. Anything that You post or otherwise make available on the Digital Services is referred to as 'User Content'. You are solely responsible for, the User Content You post on the Digital Services. You must ensure that User Content is complete, up to date and accurate. User Content must not:
- 5.1.1 Infringe anyone's intellectual property, privacy or other rights;
- 5.1.2 Be fraudulent or deceptive;
- 5.1.3 Contain someone else's personal information;
- 5.1.4 Be sexually explicit or pornographic; or
- 5.1.5 Contain any information or content that is illegal.
- 5.2 You must not upload large amounts of unwanted or repetitive User Content.
- 5.3 You grant Us, other Users and Registered Landlords a non-exclusive, royalty-free, transferable, licence to use, store, display Your User Content on MoveMaker solely for the purposes of using the Digital Services.
- 5.4 We reserve the right to remove or modify User Content for any reason, including User Content we reasonably believe violates these Terms and Conditions.
6 SWAPS AND CHAT FUNCTIONS OF THE DIGITAL SERVICES
- 6.1 Once your registration has been confirmed, You may use the Chat function to communicate with other Users including Registered Landlords of the Digital Services.
- 6.2 You may use the Swap function to arrange an exchange of Your Property with the Property of another User. To successfully arrange a Swap with another User, Your landlord must be a Registered Landlord. All Swaps will be subject to verification of personal and property details by the Registered Landlords of the parties to the Swap.
7 AVAILABILITY OF THE DIGITAL SERVICES
- 7.1 While we will make reasonable efforts to provide the Digital Services 24 hours a day 7 days per week, we will not be liable for any failure to provide the Digital Services, in part or full, for any cause that is beyond our reasonable control. This includes, in particular, any suspension of the Digital Services, resulting from maintenance and upgrades to our systems, other disruptions to our systems, outages on any mobile phone network or in the case of mobile networks where You are not in an area of mobile coverage.
- 7.2 We do not currently charge You for the Digital Service however, Your mobile phone network operator may charge You when using the MobileApp. Please check Your mobile phone network operator's terms and conditions.
8 CANCELATION / TERMINATION
- 8.1 There is no minimum contract period and You may terminate the Licence and/or the Digital Services at any time by emailing Us at email@example.com. Your Digital Services account will be cancelled within 14 days.
- 8.2 The Licence will terminate automatically if You uninstall the MobileApp, from Your Device or fail to comply with any Term of Condition set herein. This will not cancel Your Digital Services account, which You may continue to access through the Mobile Website.
- 8.3 We may suspend, withdraw or restrict the use of the Digital Service or any part of the Digital Service where:
- 8.3.1 You do not access the MobileApp within a 3 month period;
- 8.3.2 We have reasonable grounds to suspect that Your security details (log-in and password) have not been kept safe; or
- 8.3.3 We have reasonable grounds to suspect unauthorised or fraudulent use of Your security details (log-in and password); or
- 8.3.4 You have committed a material or persistent breach of these Terms and Conditions and have failed to remedy (if remediable) within 14 days after service of written notice requiring You to do so;
- 8.3.5 You have changed Your accommodation and are no longer a tenant of a Registered Landlord.
- 8.4 Upon termination of the Licence and/or the Digital Services account for any reason whatsoever :
- 8.4.1 All rights granted to You in respect of the Digital Services shall immediately cease.
- 8.4.2 You must immediately stop all activities authorised by these Terms and Conditions, including Your use of the Digital Services; and
- 8.4.3 You must immediately delete or remove the Digital Service from all Devices and destroy all copies of the Digital Services then in Your possession, custody or control and certify that You have done so.
- 8.5 Notwithstanding termination, we reserve the right to retain the User Content for up to 7 years from the date of termination.
9 BARRING FROM OUR DIGITAL SERVICES
9.1 We reserve the right to bar Users from our Digital Service, on a permanent or temporary basis at our sole discretion.
- 10.1 You acknowledge that the Digital Services have not been developed to meet Your individual requirement, and that is it therefore Your responsibility to ensure that the facilities and functions of the Digital Services meet Your requirements.
- 10.2 We only provide the Digital Services for domestic and private use. You agree not to use the Digital Services 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.
- 10.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an act or event beyond our reasonable control. If an event outside our control takes place that affects the performance of our obligations under these Terms and Conditions:
- 10.3.1 Our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and
- 10.3.2 We will use our reasonable endeavours to find a solution by which our obligations may be performed despite the event outside our control.
- 10.4 Subject to paragraph 10.5, Our maximum aggregate liability under or in connection with these Terms and Conditions (including Your use of the Digital Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50.
- 10.5 Nothing in these Terms and Conditions shall limit of exclude Our liability for:
- 10.5.1 Death or personal injury resulting from our negligence;
- 10.5.2 Fraud or fraudulent misrepresentation; and
- 10.5.3 Any other liability that cannot be excluded or limited by English law.
- 11.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect Your rights and obligations under these Terms and Conditions.
- 11.2 You may only transfer Your rights and obligations under these Terms and Conditions to another party if we agree in writing.
- 11.3 If we fail to insist that You perform any of Your obligations under these Terms and Conditions, 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 these 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 defaults by You.
- 11.4 Each of the conditions in these Terms and Conditions operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 11.5 These Terms and Conditions are governed by English Law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction.
- 12.1 All notices to us shall be to firstname.lastname@example.org or by post to our address provided at the beginning of these Terms.
- 12.2 If You have registered to use our Digital Service then we may serve a notice on You by email at the email address provided to us at the point of registration.
- 12.3 All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
13.1 If You have a query, comments or complaints about these Terms and Conditions or about the Digital Services or MobileApp, You can contact us by email email@example.com