LYVLY – MEMBER PORTAL & APP

TERMS AND CONDITIONS OF USE

  1. ABOUT THE SERVICE AND THESE TERMS OF USE

    1. The Service allows Lvyly members to manage their membership profile, find answers to frequently asked questions and raise issues directly with us, communicate with your house mates, find essential information about your home and the services that are included in your rent, and purchase further services. The purchase of such services through the Service are subject to additional terms and conditions, as notified to you from time to time.

    2. The Service is owned and operated by Living Central Limited trading as Lyvly, a company registered in England and Wales under company number 09440266 and with our registered office at International House, Holborn Viaduct, London, England, EC1A 2BN (“Lyvly”, “we”, “us” or “our”).

    3. These Terms apply to all use of the Service and form a legal agreement between you and us.

    4. You must be at least 18 years of age to create an account in the Service. By creating an account using the Service you understand and accept these Terms, and you agree to be bound by them.

    5. We may make alterations to these Terms from time to time.

  2. OPERATING SYSTEM REQUIREMENTS

    1. Before you purchase, install and use the Service, please ensure that your device: (i) has sufficient memory to use and store the Service (where applicable) and meets the system requirements specified by Lyvly in connection with the Service from time to time; and (ii) has Internet access. Please also ensure that your device and Internet access meet the applicable operating requirements.

    2. By using the Service you confirm that you have the necessary device, hardware, software and Internet capability required to do so and that Lyvly shall have no liability in relation to any device, hardware, software or anything else required to make use of the Service.

  3. USER ACCOUNTS

    1. You will need to register an account to use the Service (“Account”), for which you will need to submit certain information and choose a username and a password.

    2. You warrant and undertake that all information supplied during Account registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs and liabilities (including legal fees).

    3. You are obliged to ensure all information held about you by Lyvly is up to date. You can amend your Account registration details at any time through the Service.

    4. The username and password chosen by and issued to you upon registration with Lyvly is personal to you and is for your use of and access to the Service and shall not be disclosed to any third party.

    5. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.

    6. If you believe your username, password or Account have been compromised you must inform Lyvly immediately and modify your Account password.

    7. You are and shall remain solely responsible for maintaining the confidentiality of your password and username.

    8. You are responsible for anything that happens through your Account, and you understand that you are solely liable for any and all use of your Account undertaken by use of your username and password whatsoever, whether or not such use was authorised by you.

    9. Do not share your username or password with any other person or allow any other person to use your account. Lyvly is not liable for any negligent or improper use of your username, password or account or any use by any third party.

    10. Lyvly may remove or reclaim any usernames at any time and for any reason, including without limitation claims that a username violates a third party’s rights.

    11. Lyvly may suspend or terminate your Account if we are notified of or reasonably suspect fraudulent, abusive or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms.

  4. INTELLECTUAL PROPERTY RIGHTS

    1. Lyvly or any applicable third party licensor reserves all their intellectual property rights in the Service and any content available via the Service.

    2. Using the Service does not give you any ownership in the Service or the content or information made available through our Service.

    3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service and any content available via the Service belong to and vest in us, or are licensed to us.

    4. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

    5. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the Service infringes your intellectual property rights or is any way unlawful and you wish us to remove it or suspend/disable access to it, please send a notice by email to privacy@lyvly.uk with “Notice & Takedown” in the email subject line. In your email you must set out the following information:

      1. Details of the content you claim is infringed, together with a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

      2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;

      3. A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.

  5. RESTRICTIONS AND OBLIGATIONS

    1. You agree to comply with these Terms and all rules applicable to the use of the Service.

    2. You will not (other than to the extent permitted by law):

      1. hack, modify, reverse engineer or create derivative works of the Service or any part of it;

      2. gain unauthorised access to any part of the Service;

      3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Service;

      4. create software which replicates or mimics the data or functionality in the Service;

      5. make any part of the Service available to a third party who does not agree to these Terms;

      6. copy or exploit any part of the Service or the content it contains;

      7. use the Service or any part of it unfairly or for any illegal or immoral purpose; or

      8. attempt to do any of the acts listed above.

  6. USER CONTENT

    1. The Service may enable you to display, communicate, distribute or publish your own or third party content (“User Content”) without review, editorial control or moderation.

    2. You agree to use the Service in line with the LYVLY Community Values

    3. The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us in writing.

    4. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

    5. By using the Service you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over User Content.

    6. If you submit User Content to the Service, you hereby grant us a royalty free, irrevocable, perpetual, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Content as part of the Service generally, and you acknowledge that we may make the User Content available to third parties including the recipients of messages you would like us to send on your behalf, and to other users of the Service. Please see our Privacy Policy on how we use data relating to you.

    7. You confirm that any User Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.

    8. Where the Service allows you to message or communicate with other Service users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We reserve the right to, but shall be under no obligation to monitor any communications that you may send from the Service.

    9. You will not post, supply, submit, upload, transfer to and/or otherwise place User Content, on the Service and/or use or download User Content from the Service:

      1. in a manner that infringes the intellectual property rights (such as copyright) or other proprietary rights or contractual rights of any third party;

      2. in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      3. to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or any other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users of the Service;

      4. in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

      5. in a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy, or which breaches any data protection laws;

      6. in a manner that is harmful to minors in any way;

      7. in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;

      8. to impersonate us and/or our employees, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Service;

      9. to interfere or attempt to interfere with the proper working of the Service or prevent others from using the Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other persons’ ability to use the Service;

      10. to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Service or the content contained therein;

      11. in a manner that includes personal or identifying information about another person without that person’s explicit consent; and

      12. in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the Service or to users of the Service.

    10. You will not, in using the Service and/or posting, supplying, submitting, uploading, transferring and/or otherwise placing User Content on the Service and/or use or download User Content from the Service:

      1. “stalk” or otherwise harass anyone;

      2. collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;

      3. collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from, or to proxy authentication credentials for, any user of the Service;

      4. post any User Content containing child pornography to the Service. We will report any suspected instances of child pornography to the applicable law enforcement agencies;

      5. post any User Content that we determine depicts or contains rape, extreme violence, murder, bestiality, incest, constitutes pornography, contains nudity, or is adult in nature or other similar content;

      6. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Service;

      7. repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on the Service’s infrastructure;

      8. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

      9. use the Service as a generic file hosting service; and

      10. develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.

    11. We reserve the right to remove any User Content in our sole discretion, with or without notice.

  7. LIABILITY

    1. We provide and maintain the Service on an “as is” and “as available" basis and are liable only to provide our services with reasonable skill and care.

    2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Service links, or that other users of the Service may link to via their public profile.

    3. We give no other warranty in connection with the Service and to the maximum extent permitted by law, we exclude liability for:

      1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware and including any losses you may incur as a result of any financial investment made by you as a result of your use of the Service;

      2. the accuracy, currency or validity of information and material contained within the Service;

      3. any interruptions to or delays in updating the Service;

      4. any incorrect or inaccurate information on the Service;

      5. the infringement by any other person of any copyright or other intellectual property rights of any third party through use of the Service;

      6. the availability, quality, content or nature of External Sites;

      7. any transaction taking place on External Sites;

      8. any transaction with a third party retailer taking place on the Service;

      9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Service or any part of it;

      10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

    4. We do not warrant that the operation of the Service will be uninterrupted or error free.

    5. We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.

    6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

    7. You must not use the Service in any way which is:

      1. unlawful;

      2. may give rise to civil or criminal liability for us; or

      3. which might call us into disrepute.

  8. INDEMNITY

    1. You agree to compensate us and keep us compensated from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Service or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.

  9. SYSTEM AND PLATFORM REQUIREMENTS

    1. By installing or using the App on iOS you agree that these terms (which we are required by Apple to incorporate) shall apply:

    2. Acknowledgement: You and we acknowledge that these Terms constitute an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that as between us and Apple we are solely responsible for the App and the content within the App.

    3. Grant of Licence: Subject to, and in consideration of, your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content in the App on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms ( http://www.apple.com/uk/legal/terms/ ), and in accordance with our Privacy Policy.

    4. Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

    5. Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

    6. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

    7. Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.

    8. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

    9. By downloading the App from the Google Play store you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://play.google.com/intl/en- GB_uk/about/play-terms.html ) and Google Play Terms of Business (which are available here: https://play.google.com/intl/en-GB_uk/about/device-terms.html ). If you download the App from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market.

  10. THIRD PARTY WEBSITES AND CONTENT

    1. Where we make available links to other websites or apps in the Service, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

    2. The Service includes information provided by third parties. We do not have control over the content of this information and, subject to clause 8 , we disclaim all liability in respect of the accuracy or completeness of that information.

  11. TERMINATION

    1. These Terms take effect upon your download, installation and/or use of the Service and remain effective until terminated by either of us. You may terminate these Terms at any time by deleting your Account and removing all copies of the Service (where applicable) from devices on which you have installed it. These Terms shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the Service and delete all copies of the Service (where applicable) from your device. You must uninstall the App from your device upon termination. We may suspend or terminate your access to the Service if you do not comply with these Terms, or if you don’t comply with our policies as notified to you from time to time.

  12. GENERAL

    1. These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.

    2. These Terms constitute the entire agreement between you and us relating to your use of the Service, to the exclusion of any other terms.

    3. Failure to enforce any term does not constitute a waiver of that term.

    4. If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

    5. The Service is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Service complies with the laws of any other country.

    6. These Terms are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

    7. We will be entitled to assign and otherwise transfer the agreement under these Terms by giving you reasonable notice, which may include notice given via the Service or via the email you have used to register for your Account. You may not assign, sub-licence, transfer or dispose of the rights licensed under these Terms.

    8. All questions, comments or enquiries should be directed to us at privacy@lyvly.uk. We will try to respond to within 48 hours.