"landmax.pro" ("us", "we", "our" and "ours") means Landmax Software Ltd (No 08817610).
"Users", "You", means anyone making use of the landmax.pro Services.
"Website" means the website landmax.pro and all the pages, content and sub-domains contained therein on both a mobile and web platforms.
“Service” means any procedure or service that is provided by landmax.pro to Users, which includes, but is not limited to: information, services and products provided through the Website.
landmax.pro ("landmax software ltd") provides landmax.pro and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.
landmax.pro reserves the right to update and modify the Terms of Service at any time without notice, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.landmax.pro/terms-conditions/
Violation of any part of the Terms of Service will result in termination of your account.
- You must be 18 years or older to use this Service.
- You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
- You are responsible for maintaining the privacy and security of your account. landmax.pro will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
- landmax.pro may communicate with you via email regarding your account, system updates, or other issues related to your account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).
- landmax.pro may refuse service to anyone for any reason at any time.
- landmax.pro cannot be held responsible for any losses due to bugs or errors in the software. You are responsible for checking any transactions that take place within the software and to make sure that bank account payments are correct.
Payment and Access
- We will charge you a standard monthly fee based on your account plan. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
- You agree to pay the fee even if you later reject the work.
- Should you upgrade or downgrade your account plan, your credit or debit card or balance within landmax.pro will be charged your new billing rate and any pro rata immediately. Your credit or debit card or balance within landmax.pro will then be charged your new billing rate every 1st of each month, thereafter unless you cancel your account.
- The service may be terminated without notice if no payment on balance owed is made. However if a balance is owed, a bright red notification will appear within your landmax.pro account. This should be regarded as notice that your account may be terminated if no payment is made.
- landmax.pro reserves the right to charge for any data to be provided. The following formats are available for retrival, properties.csv, contacts.csv, proposal.csv, viewings.csv, maintenance.csv. Website files will be provided as a ZIP format containing all the HTML files. Note the websites are designed to work exclusively on the landmax.pro system. The HTML technology in part can be used on another platform, but would require a website expert with the understanding of this technology. Further note if the information you require is not in the provided CSV file, we cannot provide it. The only way to retrive this information, would be to use the template system within landmax.pro or manually copy the data. Either of which would require an active account.
- If your account is cancelled and fully disabled. If the data is still avaliable, a one off fee of £199 will apply to re-activate the account
Modifications to the Service and Fees
- landmax.pro reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- landmax.pro reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the landmax.pro website: http://www.landmax.pro/pricing/
- landmax.pro will monitor your property, contact and storage limits, and branch numbers.
- When any of these exceed the Subscription limits as set out in our pricing, you will be automatically upgraded to the corresponding Subscription. Landmax.pro will bill you the cost of the corresponding Subscription from that point in time onwards.
- If your property, contact or storage numbers reduce, the Subscription will not be automatically downgraded. If you wish to downgrade you must contact email@example.com to arrange a downgrade date.
- If you have paid in advance you cannot reclaim the Subscription price difference.
Late Payment, Cancellation and Termination
- You alone are responsible for the proper cancellation of your account. You may cancel your account at any time in writing to firstname.lastname@example.org. Phone requests to cancel your account will not be deemed cancellation.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
- landmax.pro reserves the right to suspend or terminate this Agreement and your access to the Service with immediate effect if your account falls into arrears on the close of business of 10th day of the month.
- landmax.pro reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if landmax.pro believes that You have violated these TOS. landmax.pro will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. landmax.pro shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Copyright and Ownership
- landmax.pro or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which landmax.pro or its suppliers own.
- You agree not to modify the Source code of this Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorised access to the Services. You agree not to access the Service by any means other than through the interface that is provided by landmax.pro for use in accessing the Service.
- Any information or materials, templates that are made available to use or download from this Service or otherwise provided to you (“Materials”) is the copyrighted work of landmax.pro and/or its licensors (if any). You must be a registered Landmax.pro subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.
- The Services and/or Materials may contain technical inaccuracies or typographical errors. The Services, Software and/or Materials may be updated, modified or deleted at any time without notice.
- landmax.pro claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- Trademark Licenses. You grant landmax.pro a nonexclusive, non-transferable, royalty-free, fully paid up license to use the Company Marks. landmax.pro grants you a nonexclusive, non-transferable, royalty-free, fully paid up license to use the Stripe Marks solely on the relevant portions of your landmax.pro managed website.
- We record many details of usage of the software. This includes, but is not limited to; times the software is started; user details and times/date access was obtained; storage amount of data.
- landmax.pro reserves to right to report on trends of your data.
- This data may be stored locally on your computer or device as well as remotely on our servers
- You, not Landmax.pro, shall have sole intellectual property ownership or right to use of your User's Customer Data (referred to in this document as "Customer"), and are responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of that data.
- You, not landmax.pro, if applicable in terms of your business, are responsible under all appropriate statute, in regards to information and data held within your landmax.pro registered user account, especially property statute and their encompassing licenses, including but not exhaustive; Housing Act 2004; Property Misdescriptions Act 1991; Gas Safety Installation and use regulations 1996; Consumer Protection Act 1987 etc
- If you contribute material to our Service, you agree that any material you contribute will: comply with all applicable laws and regulations; be factually accurate and/or will represent your genuinely held belief or opinion; not be defamatory, offensive, hateful or inflammatory; and not infringe confidentiality, or any copyright or intellectual property rights of another person.
- You shall notify email@example.com immediately of any unauthorized use of any password or accounts or any other known or suspected breach of security.
- You are responsible for all activity occurring under your front end entity account (User Accounts). Front end entity account, being an account authorised by email login from within the Landmax.pro registered account of the User.
- You, and not landmax.pro are responsible to check daily that the data has been received by the Property Portals and your website. landmax.pro cannot be held responsible for the effects of data not being uploaded.
- As a subscriber of the service, you must accept the upgrade or modification. You are responsible to monitor upgrade release notes and technical specifications and assess the impact these changes have on your business and websites. landmax.pro is not responsible for the cost of implementing changes due to the impact of the upgrade or modification.
- If you terminate your service, landmax.pro will delete your data 50 days after the confirmed termination and/or switch off date.
- Landmax.pro is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Third Party Applications and Integrations
- Landmax.pro can provide you facilities for sending data to, and documentation for placing orders for third party services. Landmax.pro can not be held responsible for accuracy of information, seeking permission from the Client to pass to third parties their personal data, or damages or compensation.
- landmax.pro charges a setup fee and a monthly hosting fee for the website service. These fees are not refundable.
- The setup fee and the hosting is payable in advance before any design work takes place.
- Any re-designs to the managed website will be charged at an additional modification fee. You, not landmax.pro, are responsible for the content and accuracy of the website.
- landmax.pro will own the distribution rights to the graphics, html and the design.
- You will own a copy of the website
- Landmax.pro may provide you with the ability to login and modify narrative and functionality settings for websites. If ability to login is provided, you acknowledge that any changes to the website cannot be undone or recovered.
- The Template Documents are available on an "as is" basis and landmax.pro makes no representation and gives no warranty that these Template Documents that you purchase are provided by solicitors or barristers in practice.
- Even if the Template Documents are drafted by a practising solicitor or barrister does not of itself indicate that the service is suitable for your use.
- landmax.pro makes no representation or warranty that any templates that are used as Legal Documents will be suitable for your intended use as we are not aware of your particular legal requirements. You should always consult a legal professional regarding your use of the Template Documents.
- Please note that legislation is subject to constant change so it is your responsibility to ensure that your document reflects any future changes.
- landmax.pro does not have the expertise to advise on any legal matters.
- The Template Documents may include technical inaccuracies or typographical errors.
- You agree to indemnify, defend and hold harmless landmax.pro against all third party claims, liability, damages, costs and expenses, including legal fees, arising out your use of the Legal Documents.
- Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- landmax.pro services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. landmax.pro is not responsible for any delays, delivery failures, or other damage resulting from such problems
- landmax.pro is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
- landmax.pro makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of landmax.pro.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- landmax.pro will maintain commercially acceptable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards include secure access to your Content (using HTTPS or similar technologies).
- You may not use the service to transmit any viruses, worms, or malicious content.
- landmax.pro its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- landmax.pro may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- The failure of landmax.pro to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and landmax.pro as to the Service and supersedes any prior agreements between you and landmax.pro (including, but not limited to, prior versions of the Terms of Service).
- Third Party Rights. Nothing in this Agreement confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
- Governing Law. This Agreement is made under and will be governed by the laws of England and Wales. You and we hereby submit to the non-exclusive jurisdiction of the English and Welsh Courts.
- You are responsible for regularly reviewing this Agreement.
- Your continued use of the Service will be deemed acceptance of these terms and conditions and any amendments made to them from time to time.
- You may not access the Service if you are a direct competitor of landmax.pro, except with express prior written consent.
- You may not assign your rights or obligations under these terms and conditions to any third party, except with express written consent.
- Any questions regarding the Terms of Service should be addressed to support at firstname.lastname@example.org
Limitation of Liability.
NEITHER LANDMAX.PRO, OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), WHETHER OR NOT YOU ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.