We invite you to access and use the Service (which is explained below), but this invitation is subject to your review and acceptance of these terms of service ("Terms").
The Terms comprise a binding contract between us and you, and by submitting a repair request through the Service you acknowledge, accept and agree with the Terms.
You and we agree that no third party has the right to enforce any of the provisions of these Terms pursuant to the Contract (Rights of Third Parties) Act 1999.
The Terms cannot be varied without written confirmation from one of our directors and they constitute the entire agreement between us. In this context written does not include email.
Who are we?
We are Tactile Limited a company incorporated in England.
What do we do?
We provide software to property managers and companies that carry out property management to help them to manage repairs more easily and effectively.
What do we not do?
We do not carry out repairs and we are not responsible for what happens with your issue after you have submitted a repair request through our Service.
The Service relies on electronic notification of your repair to your property manager. If you are reporting an emergency you must also alert your property manager by telephone.
What is the Service?
The Service is a cloud based platform and other products and services that allow you to report repairs and (depending on the version of our software used by your property manager) that may allow ongoing communication in relation to the resolution or attempted resolution of repairs at residential properties.
We are not responsible for the costs and/or availability of the Internet and/or other telecommunications services necessary for you to access the Service.
By submitting a repair request through the Service you consent to receiving correspondence and communications relating to that request to the email address(es) you enter in the repair request form.
Who Can Use The Service?
You can only use the Service in relation to a property that you occupy which is managed by a property manager or property management company that has subscribed to use one of our software systems.
If you believe that someone else has reported a repair on your behalf please alert us and your property manager immediately.
Can You Limit My Access To The Service?
If your property manager stops using our software system or we stop them from using our software system then you will not be able to use the Service.
Also if we believe or if your property manager believes that you are abusing the Service or breaching these Terms then we or they may stop you from using or accessing the Service with or without giving you prior notice.
For the period during which you have access to the Service you have a limited non-exclusive licence to do so and you do not have any other right or interest in the Service or in the software that comprises the Service.
If you misuse the Service and/or breach these Terms then you indemnify us for any and all claims, costs, liabilities and damages arising from such misuse and/or breach.
When Might The Terms Change?
Our Terms may change from time to time. Each time that you submit a new repair request you will be able to view our Terms that apply at that time and make an informed decision about accepting those amended terms.
What Happens With Information I Submit?
When you report a repair through the Service you will be asked to upload photos of the issue and to submit other information. Please ensure that the photos and other information submitted do not include any personal information or images of people.
We will not pass that information to any third party except:
(a) to the person or company that subscribes to the Service or as they direct (this is usually your property manager or a property management department)
(b) to any party they involve through the Service in relation to the issue you raise (eg a contractor to resolve the issue or an adjudication body involved in the resolution of a dispute relating to that issue or your tenancy)
(c) as required by law or by any lawful authority
We may also use the information and photos you submit on an aggregated and anonymised basis only for data analysis and only within our organisation.
For the purposes of transparency please note that data analysis in this context means the grouping together details of repairs requested through our software systems to analyse repair trends and to assist us in improving the Service.
(a) Although photos that you upload remain your intellectual property, so that we can provide the Service you give us the right (an irrevocable worldwide royalty free licence) to host, store, modify, reproduce, communicate, publish and distribute those photos only to the extent permitted by Part A above. By uploading any photo you confirm that you have the right to send that photo to us and for us to use it in the ways outlined in these Terms. We have the right to limit the size and nature of any photos that are uploaded through the Service.
(b) All information other than photos that you submit will become our intellectual property but can only be used only to the extent permitted by Part A above.
What Happens If You Sell Your Business?
If we sell our business then the photos and information your submit may be part of the business assets that we transfer. If this happens then they will still be subject to these Terms.
Who Owns The Intellectual Property In The Service?
We own all intellectual property in the Service and unless one of our directors gives you permission in writing (writing in this context does not include email) you agree not to copy, decompile, modify, create derivative works, reverse engineer or extract source code of or from the software used in providing the Service.
What Might Change With The Service?
We try to continuously improve the Service and this means that the Service may change from time to time. While we welcome comments and suggestions for improvement we are not required to act on them. You should also note that any comments and/or suggestions that you make automatically become our intellectual property and you are not entitled to any payment, compensation or reimbursement from us in respect of any comments and/or suggestions.
What If There Is A Problem With The Service?
While we work hard to ensure that the Service works, is accurate and is available at all times sometimes errors happen. To the extent permitted by law we are not responsible for or liable for any costs, losses (direct or indirect) and/or damages that you suffer as a result of any inaccuracies in the Service and/or the Service not working and/or being unavailable for any period of time.
Which Laws Govern These Terms?
These Terms are governed by the laws of England and Wales and by agreeing to them you agree to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any claim, dispute or matter arising from them.
If any part of these Terms are found to be invalid, illegal or unenforceable then that part will apply with the minimum modification necessary to make it legal valid and enforceable.
If that modification extends to the requirement to delete that part of the Terms then that part shall be deemed to be deleted and the remainder of the Terms will not be affected.
Is Your Liability Limited?
To the extent permitted by law our liability to you is limited to the greater of: (i) the amount you paid to us to use the Service; and (ii) ?1 (one pound sterling).
Some property management companies have linked the Service to services provided by third parties and we are not responsible for the functioning and/or availability of those third party services.
What If I Am Under 18?
The Service is not suitable for use by minors. If you are under the age of 18 please make sure that you are complying with all applicable laws before submitting any personal information to us.
Where Does Data I Submit Go?
The Service is cloud based and our data processing operations can happen on servers that are hosted in various places around the world. By using the Service you confirm that you may be sending information (including personal information and photos) that you include in the repair reporting process through computers owned by Fixflo and third parties in England and/or other countries. This constitutes international data transmission and your use of the Service constitutes your consent to such transmissions.
Personal data for users within the European Economic Area will not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
If you wish to contact us whether in relation to a suggestion or comment, an intellectual property infringement or just to say hi please email the team at: help (AT) fixflo (DOT) com.
If for any reason you cannot contact us by email, details of our registered office from time to time will be available on our website (www.fixflo.com) so that you may contact us by post.