Terms and conditions

Last updated 14th February 2020

Introduction

At apropos, we are committed to transparency. To be transparent, we must be honest and open about everything we do, as well as communicating in a way that is clear and easy to understand.

We believe that this clarity and transparency should also extend to our website Terms and Conditions. We have endeavoured to write these terms in plain English so that you know exactly what you can and can’t do while using our site.

By creating an account with Apropos, you are agreeing to be bound by the following Terms and Conditions (“Terms of Service”). These Terms of Service are to be read in conjunction with our Privacy statement , which sets out how we process your personal data, and our use of Cookies.

These Terms of Service are important. Please read them carefully as they contain details of our responsibilities to you, and your contractual obligations to us. They also set out the basis on which we provide the various services made available on the website www.apropos.app (the “platform”), including the following:

  • Advertising properties to rent;
  • Arranging viewings;
  • Creating a tenancy
  • Raising maintenance issues
  • Processing payments;
  • Providing a communication platform between tenants, landlords and Apropos;
  • Ending a tenancy; and

any new services, features or tools which are added to the platform from time to time, (the “services”).

If you do not agree to these Terms of Service, please do not create an account or use the platform.

We reserve the right to change the Terms of Service at any time by posting updates to this page. If we make substantial changes, or if we are required to do so by law, we will notify you of such change in advance to the email address associated with your apropos account.

Information about us

Apropos is the trading name of Apropos Lettings Limited (“apropos”, “we”, “our” or “us”), a company registered in Scotland, SC638087. Our registered office is at 10 Sunnyside, Edinburgh, EH7 5RA.

You can contact apropos at any time through the platform or by e-mailing customerservice@apropos.app.

Account

To use our services, you must first register for an account on the platform (“apropos account”). By creating an apropos account, you confirm that you are over the age of 16 and have the right to live or own property in the UK.

Any information that you provide to us must be accurate and up to date.

You are responsible for your use of our services and for protecting your apropos account details and password from unauthorised use.

We reserve the right to refuse to register or to delete your apropos account if you have previously had an apropos account deactivated by us due to your breach of these Terms of Service.

Access to the website

Apropos will make reasonable efforts to make the platform available 24 hours a day, 7 days a week. However, you acknowledge that your use of the platform and the services may be interrupted from time to time, for example, when we perform maintenance.

Access to the platform and use of the services is provided on an “as is” basis which means that we do not guarantee the platform or services will be error free at all times. We are not liable to you for any failure of the platform.

Services

We will provide the services using reasonable skill and care and in accordance with our legal and regulatory obligations.

Payments

Only valid payment methods acceptable to apropos may be used.

Payments through the platform must be made by debit card via a third-party payment processor (World Pay). Please see below for their terms and conditions and how they keep your data safe. We do not accept credit card payments.

If your debit cannot be verified, or is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

As part of a rental application tenants are required to pay a deposit and first month’s rent via the platform. Subsequent rental payments will be collected by direct debit.

Refund policy

Holding deposits from tenants maybe refunded depending on the jurisdiction and reason for a tenancy not proceeding. Further details are available as part of the application process or by calling Customer Service on 0333 444 6555.

Apropos does not offer any refunds on services once agreed by the customer under an executed agreement, or as otherwise agreed upon by the parties.

All refunds must be credited back to the same account.

Changes to Payments and Refunds

We reserve the right to change this payment, refunds policy terms and conditions at any time. Any such changes will take effect when posted on the website.

World Pay

The third-party processor that we use for payments are called WorldPay. If you choose to use their service rather than a bank transfer, you agree to do so in accordance with their terms and conditions.

You hereby give consent: (a) to us sending you communications in relation to upcoming and completed payments; and (b) for WorldPay to access your bank account which is nominated by you, and to deduct the applicable amount.

We are not liable to any person in the event of fraud or any other financial crime that may result from your use of WorldPay.

You acknowledge and agree that when using the WorldPay service on our Platform, you will comply with WorldPay’s terms in respect of your use of their service. You also acknowledge that WorldPay’s privacy policy shall apply to their processing of any personal information you submit to WorldPay via our Platform.

Third party platform and services

You acknowledge that the platform and the services may enable you to access the website of third parties and that you do so solely at your own risk.

We make no warranty and have no liability in relation to the content of any third-party website. Any contract entered into and any transaction completed via a third-party website is between you and the relevant third party, and not us.

What we do not do

We do not provide any advice in relation to insurance, financial or legal matters and nothing on the platform or any information provided as part of the services should be construed as such. Any decision to use the services or enter into any transaction including a tenancy should be arrived at by you independently.

It is your responsibility to check and satisfy yourself as to the accuracy of any data or other content posted as well as any information presented to you as part of the services. We accept no responsibility for the accuracy or completeness of content displayed on the platform.

You are responsible for keeping copies of any information you provide to us.

Charges

As a Tenant or Landlord, you agree to pay all fees (if any) in connection with the tenancy and your use of the services on our platform. We reserve the right not to provide relevant services to you until such payment has been received in full and cleared funds.

Your Use of The Website and Services

Prohibited use

You shall not:

(a) licence, sell, disclose or otherwise commercially exploit the platform to any third party;

(b) access or use the platform in order to build a product or service which competes with apropos, or for the purposes of monitoring the services’ availability, performance or functionality;

(c) use the platform to provide services to third parties, or permit the platform to be combined with any other service or program;

(d) attempt to copy, modify, duplicate, republish, download, transmit or distribute any portion of the platform;

(e) attempt to reverse compile, disassemble or reverse engineer any part of the platform;

(f) attempt to obtain, or assist third parties in obtaining, unauthorised access to the platform;

(g) interfere with or disrupt the platform in a manner that unfavourably affects the performance or proper functioning of the platform and the services;

(h) use any robot, spider or other automatic device to send messages, monitor, download, copy or keep any of the content made available through the platform;

(i) access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful software programs during the course of your use of the platform;

(j) remove any copyright, trademark or other proprietary rights notices contained on the platform;

(k) remove, cover or otherwise obscure any form of advertisement included on the platform;

(l) collect, use, copy or transfer any information, obtained from the platform (excluding your user content), unless the owner of such information has expressly permitted it; or

(m) use the platform or the services for any, illegal or fraudulent purpose.

Prohibited content

You shall not submit any information, data or content such as text, documents, photos, audio-visual content and other media during the course of your use of the platform that:

(a) is fraudulent or unlawful;

(b) harmful, threatening, defamatory, obscene, harassing or racially offensive;

(c) infringes or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;

(e) depicts sexually explicit images;

(g) is discriminatory based on age, disability, sex, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief or sexual orientation.

(h) breaches any legal duty owned by a third party, such as a contractual duty or a duty of confidence;

(i) promotes the business of a third party (other than in the usual course of use of the services, for example, placing a review of a contractor); or

(j) deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.

Indemnity

You agree to indemnify us and hold us harmless against any costs, expenses, liabilities, damages or loss suffered by us in connection with your breach of this agreement.

User content

Any information or content that you upload to the platform (excluding personal data) (“user content”) will be considered non-confidential and non-proprietary unless you specifically advise us otherwise in writing.

You shall have the sole responsibility for the accuracy and quality of your user content, including its compliance with the content standards, and agree to promptly update or correct any such user content on becoming aware of any inaccuracies.

We reserve the right to monitor user content to ensure it meets the content standard. We further reserve the right to remove, decline to display any user content without notice, or to require you to amend your user content at any time.

Your information

Apropos shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of your personal data.

We agree to have adequate measures in place to ensure that our staff comply at all times with the provisions and obligations contained in:

  • The Data Protection Act 2018.
  • The General Data Protection Regulation 2016/679

All personal data acquired by apropos from you shall only be used for the purposes of these Terms of Service and shall not be further processed or disclosed without your consent, other than in circumstances detailed in these Terms of Service.

Please see our Privacy statement for more information about how we use your personal data.

Intellectual Property

You acknowledge that all intellectual property rights in the platform and the services anywhere in the world belong to us, and that you have no rights in or to the platform or the services other than the right to use each of them in accordance with these Terms of Service.

You retain all ownership rights in your user content, but you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, and display your user content in connection with our performance of the services and provision of the platform.

Contributions

If you submit any ideas, suggestions and/or proposals relating to the platform or services to Apropos through any channel (“Contributions”), you acknowledge and agree that:

(a) Apropos shall be entitled to use or disclose such contributions for any purpose, in any way;

(b) to the extent there are any intellectual property rights subsisting in your contributions, that you hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable license (with a right to sub-license) under such rights to use and exploit the contributions without limitation or restriction; and

(c) you are not entitled to any compensation or reimbursement of any kind from Apropos under any circumstances.

Limitations on our liability

You agree to the following limitations on our liability to you:

(a) Exclusion of certain losses: Apropos shall not be liable to you for any loss of profits, anticipated savings, goodwill or business opportunity, loss or corruption of data (subject to our liability to you as data controller of personal data), or for any indirect or consequential loss or damage, howsoever arising under these Terms of Service;

(b) Cap on liability: Apropos’ maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of these Terms of Service shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us. Further, due to the nature of the platform, the services and the online environment, we do not take responsibility for the following:

(1) Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control; and

(2) Your actions, instructions and breach: Apropos shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to apropos in connection with the platform and services, or any action taken by apropos as a result of your direction, or your breach of these Terms of Service.

Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded.

All warranties, conditions, representations or other terms implied by statute or common law in relation to the platform and any services provided by us are excluded to the fullest extent permitted by law.

Termination

You may terminate these Terms of Service with us at any time, for any reason, by deactivating your apropos account and ceasing all use of the platform. Please note that termination of these Terms of Service will not affect the validity of any policy, instruction to let or tenancy agreement that you have entered into.

We may terminate these Terms of Service and deactivate your apropos account immediately in the event you commit a material or persistent breach of these Terms of Service. We will use reasonable endeavours to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.

Termination is without prejudice to our right to recover any outstanding debts owed by you to us.

Other important terms

Assignment and other dealings: you may not assign, transfer or sub-license any or all of your rights or obligations under these Terms of Service, without our prior written consent. We reserve the right to transfer, assign or sub-contract any or all of our rights or obligations under these Terms of Service, without notifying you or receiving your consent.

Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaching 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.

Severance: 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.

Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.

Entire Agreement: These Terms of Service and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Governing Law/Jurisdiction: These Terms of Service are governed by English law and the courts of England and Wales have exclusive jurisdiction.