USE OF THE NOKKEL APP – REGISTERED USERS
For the purposes of these Terms, all references to the App shall be deemed to include the Website. These Terms are for Buyers and Home Owners (defined below) only, registering with the Nokkel App only.
Please read these Terms carefully before you use the App or the Services.
By accessing or using the App and/or the Services, you accept these Terms and you agree to abide by them. If you do not agree to these Terms, please do not use the App or the Services. Your right to access the Services is conditional upon your compliance with these Terms. These Terms apply to visitors of the App as well as to Registered Users (as defined below). However, if you are a visitor (and not a Registered User), you will only be able to access those parts of the App which we make publicly available.
1. Information About Us
The App is owned and operated by Nokkel Technologies Ltd, incorporated in England and Wales with company number 13149003 and having its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ and trading as Nokkel (“we”, “us”, “our” or “Nokkel”).
2.1 The following definitions shall apply in these Terms:
“Buyer”: means any person who uses the App in connection with their property search, including as a prospective buyer of a Property.
“Home Owner”: means any person that owns a property, details of which are featured on the App.
“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including knowhow and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and 2 including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
A “Nokkel”: means a Buyer saving details of a Property (which may or may not be on the market) that they are interested in to their personal wish list on the App.
"Notifications”: means any news, updates, announcements, event dates and other information sent via the App by Nokkel or by Registered Users that have subscribed to receive such notifications via the App.
“Property”: means any UK-based property details of which are made available via the App by a Home Owner, and “Properties” shall mean more than one Property.
“Registered User”: means any person that has created an account on the App.
“Registered User Account”: means the personal profile account created on the App by a Registered User.
“Third Party Sites”: means websites, applications, platforms or other software operated by third parties.
3. Purpose of the App
3.1 The App allows Buyers to:
(a) create A Nokkel;
(b) browse details of Properties available on the App by making use of the interactive map;
(c) subscribe to receive information about Properties of interest; and
(d) connect directly with Home Owners of Properties of interest following A Nokkel.
3.2 The App allows Home Owners to:
(a) register a Property on the App to be marketed to prospective Buyers;
(b) receive details of prospective Buyers who have expressed interest in their Property (by way of A Nokkel); and
(c) share enhanced details of their Property with prospective Buyers if desired.
4. Additional Terms
4.1 The ways in which you can use the App may also be controlled by, if you have downloaded the App from the Apple, Google or any other third party App Store, the applicable App Store rules and policies (the “App Store Rules”) and the App Store Rules will apply, to the extent applicable to the download of the App from the App Store, instead of these Terms where there are differences between the two.
5.1 You must be at least 18 years old to register your details on the App. By accepting these Terms, you warrant that you are at least 18 years old and you will legally adhere to these Terms. Nokkel assumes no responsibility for liabilities related to age misrepresentation.
5.2 To use the App, you must sign up with an email address and password, or if third-party authentication is used, you will not need to create a password.
5.4 We reserve the right to reject any offer to use the App by you at any time and at our sole discretion.
5.5 By creating a Registered User Account, you agree and confirm that:
(a) your creation of a Registered User Account complies with all applicable laws to which you may be subject;
(b) all information you provide to Nokkel for the purposes of creating a Registered User Account is true, accurate, current and complete. If there are any changes to your information, you must update it on the App as soon as possible;
(c) you shall keep your password confidential and shall not disclose it to any other person;
(d) Registered User Accounts are personal and you shall not be permitted to transfer your Registered User Account to any other person; and
(e) you shall contact Nokkel immediately using the contact details set out at paragraph 18 of these Terms if you suspect any unauthorised use of or access to your Registered User Account.
5.6 Your Registered User Account is personal to you and you shall not transfer your Registered User Account to any other person.
5.7 If another person uses your password to access (or otherwise accesses) your Registered User Account, you will be responsible for any activity undertaken by them 4 on or through your Registered User Account, and we are not responsible for any losses you suffer as a result of their use of your Registered User Account.
5.8 You may deactivate your Registered User Account at any time by contacting us using the contact details set out in paragraph 18 of these Terms.
5.9 Nokkel reserves the right at its sole discretion to suspend or permanently disable any Registered User Account for a Registered User’s breach of these Terms at any time.
We grant you a limited, non-exclusive licence to access and use the App and the Services (and any updates or supplements from time to time) solely for your own non-commercial personal use and subject to these Terms.
7. Accessing the App and the Services
7.1 Access to the App is permitted on a temporary basis, and we reserve the right to add, change, modify, suspend or discontinue any part of the App and/or the Services at any time and without notice. We will not be liable if, for any reason, the App or any of the Services are unavailable at any time or for any period.
7.2 We take all reasonable steps to ensure that the information on the App is correct. However, we do not guarantee the correctness or completeness of material on the App.
7.3 Whilst we take reasonable steps to ensure the smooth functioning of the App, we do not guarantee that it will be uninterrupted or error free.
7.4 You must make sure you have an appropriate device which meets the technical requirements to make proper use of the App (including an appropriate operating system and amount of available memory).
8. Updates to the App and changes to the Services
8.1 From time to time, we may automatically update the App and change the Services 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.
8.2 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 or the Services.
8.3 Nokkel shall use reasonable endeavours to ensure the App is available 24 hours per day and 7 days per week. However, you accept that there will be times when the App is unavailable due to scheduled or unscheduled maintenance work being carried out on the App.
9.1 The App is made available free of charge. If at any time we propose to charge you a fee to access certain features, we will tell you in advance and obtain your permission before a fee is incurred.
10. Acceptable Use
10.1 You may use the App and the Services for lawful purposes only. You must not (nor attempt to):
(a) use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Services or any operating system;
(b) infringe or misuse the Nokkel Intellectual Property Rights (as defined in paragraph 13) or those of any third party in relation to your use of the App or the Services;
(c) submit any content or materials to the App or the Services which infringe the Intellectual Property Rights of any third party;
(d) send, post or display any material that is unlawful, harmful, threatening discriminatory, defamatory, obscene, infringing, harassing or offensive on the App;
(e) furnish, send or post any inaccurate, incomplete or misleading information, data or material on the App;
(f) use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Registered Users;
(g) interfere or attempt to interfere with the proper working of the App;
(h) use any part of the App to build a product which competes with the App;
(i) collect or harvest any information or data from the App, the Services or our systems or attempt to decipher any transmissions to or from the servers running the App or the Services;
(j) use the App to provide services to third parties;
(k) attempt to obtain, or assist third parties in obtaining, access to the App;
(l) use the App or the Services for any commercial or business purposes; or
(m) use the App or the Services for any purpose except for the purposes of these Terms.
10.2 Nokkel reserves the right to remove any content or materials which breaches, or which Nokkel acting reasonably believes breaches, paragraph 10.1.
11.1 You may subscribe to Notifications via the App. Nokkel has no control over, and shall not be liable for, any third party content (including links to Third Party Sites) contained within a Notification (or within any other communications you receive from a Registered User or other party). It is your responsibility to verify the accuracy of the information within the Notifications.
11.2 You may unsubscribe from the Notifications on the App at any time without reason.
12. Suspension and Termination
12.1 If you breach these Terms, we may take all or any of the following actions:
(a) the removal of any content uploaded, transmitted or communicated by you;
(b) the immediate, temporary or permanent withdrawal of your right to use the App and the Services (including disabling your Registered User Account);
(c) issue a warning to you; and / or (d) take legal action against you.
12.2 The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.
13. Intellectual Property Rights
13.1 All Intellectual Property Rights subsisting in the App and the pages, content, arrangement and layout of the App including, but not limited to, the Nokkel name, trading name and logo, design, text, artwork, graphics, videos, images, interfaces and other media and the Services throughout the world (“Nokkel Intellectual Property Rights”) are the exclusive property of Nokkel (or Nokkel’s licensors). You have no rights in, or to, the Nokkel Intellectual Property Rights other than the right to use the App in accordance with these Terms.
13.2 You shall not (nor attempt to) copy, reproduce, republish, distribute, download, post, broadcast, transmit, make available to the public, or otherwise use any Nokkel Intellectual Property Rights in any way except as permitted under these Terms and for your own personal, non-commercial use.
13.3 You shall not (nor attempt to):
(a) rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part, to any person without prior written consent from us;
(b) translate, merge, adapt, vary, alter, modify, copy, reproduce, distribute, frame, mirror, or modify the App or the Services whether in whole or in part; or 7
(c) disassemble, de-compile, reverse engineer or otherwise reduce to human perceivable form or create derivative works based on the whole or any part of the App or the Services.
14. User Content
14.1 In respect of any content you submit to the App or the Services (“User Content”), you grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence, together with the right to grant sub-licences, to use that User Content:
(a) for the purposes of delivering the App and the Services (including displaying any photographs that you upload to the App against property details which may be viewed by other users of the App); and
(b) for the purposes of continually developing and improving the App and the Services.
14.2 Nokkel does not monitor use of the App or the Services and you accept that from time to time other users may transmit inappropriate content via the App and the Services. If you find any inappropriate content on the App or the Services, please let us know as soon as possible so we can deal with the matter.
15. We are not responsible for Third Party Sites you link to
15.1 The App or any Services may contain links to other independent Third Party Sites which are not provided by us. 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).
15.2 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 shall have no liability in respect of such third-party sites, products or services.
16. Our Liability
16.1 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.
16.2 If we fail to comply with these Terms, we are not responsible for loss or damage you suffer that is an unforeseeable result of our breaking these Terms. Loss or damage is unforeseeable if either it is not obvious that it will happen or if, at the time you accepted these Terms, we did not know it might happen.
16.3 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.
16.4 We will not be responsible for any action taken by you in looking for properties or taking and uploading photographs of properties of interest onto the App. If you trespass onto the property or land of a property owner in order to take photographs that are subsequently uploaded onto the App, we will not be in any way responsible for your actions, nor will we be liable for any associated loss or damage that may arise as a result.
16.5 We have taken every care in the preparation of the App and the Services. However, you accept you may experience technical problems with the App or any of the Services.
16.6 Commentary and other materials posted on the App and the Services are not intended to amount to advice on which reliance should be placed. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. If we are informed of any inaccuracies on the App or in the Services we will attempt to correct this as soon as we reasonably can.
16.7 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 Services.
16.8 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store site) meet your requirements.
16.9 To the fullest extent permitted by law, and because the App is provided free of charge, we exclude all liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss or damage which you or any third party may incur in connection with the App, the Services, and any website linked to the App and any materials posted on it.
16.10 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us for the App.
17. Data Protection
18. Support and Contact Details
18.1 If you want to learn more about the App or the Services or have any problems using them please take a look at our information and support pages within the App.
18.2 If you think there is a problem with the App or the Services, or if you have any queries or any concerns about material which appears on the App or any of the Services, you may contact Nokkel by emailing us at firstname.lastname@example.org
18.3 If we have to contact you, we will use the contact details you provided when you subscribed to the App.
If you have a complaint, please contact us at email@example.com
20. Other Terms
20.1 We may revise these Terms from time to time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
20.2 We may transfer our rights and obligations under these Terms to another organisation. If this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
20.3 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of part of these Terms.
20.4 Each paragraph 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.
20.5 If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.
21. Which laws apply to these Terms and where you may bring legal proceedings
21.1 These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are governed by the law of England and Wales and you agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims arising out of or in connection with these Terms or their subject matter or formation.
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