Last updated: 15/01/2019
In this document, “we” or “our” or “us” refers to Blueskymyphoto Ltd whose registered office is Suite 3, Chapel Business Centre, Chapel House, Chapel Road, Worthing BN11 1EX and “you” or “your” refers to the purchaser of services from us. Unless otherwise agreed in writing, where there is more than one purchaser of services, the obligations of each purchaser to us shall be joint and several. Please read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using the https://www.blueskymyphoto.com website and the Blueskymyphoto Ltd mobile application (the "Service") operated by Blueskymyphoto Ltd.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. The ("Intended Purpose") of the service is for the production of paperless property reports, specifically relating to: check-in inventories, inventories, interim visits, check-outs and right to rent compliance reports.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Blueskymyphoto Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases in accordance with our “Privacy Policy” (see below).
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Blueskymyphoto Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We reserve the right to charge you interest on any amount outstanding on a bill or invoice that is not paid within one month of delivery at the rate payable on judgment debts (currently & per annum) from one month after delivery until payment.
As a Blueskymyphoto Ltd user, you adopt the role of 'data controller'. Which means you are responsible for sensitively the processing (should this be sensitivity of the processing not sensitively?) of personal documents or data belonging to the tenant/occupant (data subject). Please refer to the “Privacy Policy” information below which forms part of these T&Cs.
Customer server files/data are backed up every night and stored both locally and remotely.
Blueskymyphoto Ltd will provide customers with a Secure Sockets Layer (SSL) certificate with unique IP. Communications and payments will be handled in a secure environment. The Blueskymyphoto Ltd site will also be PCI-DSS (Payment Card Industry) - data protection compliant.
Please see "Privacy Policy".
Please refer to our "Privacy Policy". You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service. This can be found at www.blueskymyphoto.com/privacy-policy.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Our Service allows you to store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Blueskymyphoto Ltd (Tenancy Guard Ltd).
When you upload content, you give to Blueskymyphoto Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Blueskymyphoto Ltd business.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Blueskymyphoto Ltd (Tenancy Guard Ltd) and its licensors. You may not re-sell the use of the licence to a third party.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Blueskymyphoto Ltd.
Blueskymyphoto Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Blueskymyphoto Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You will pay our costs for any work done or expenses incurred prior to the termination.
You agree to defend, indemnify and hold harmless Blueskymyphoto Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Blueskymyphoto Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Blueskymyphoto Ltd’s director and employees will not have any personal liability for work undertaken for you.
When we recommend the services of someone else this is done in good faith; we give no warranty in respect of the standing, ability or quality of the services of that person.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Blueskymyphoto Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Blueskymyphoto Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Blueskymyphoto Ltd or any person for whom Blueskymyphoto Ltd is responsible, and even if Blueskymyphoto Ltd has been advised of the possibility of such loss or damage being incurred.
You and we agree that any dispute or claim arising out of in connection with our work or these Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You and also we agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute between us, or any claim arising out of or in connection with your purchase of our service.
If any provision of these terms is held by a Court or competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of these terms and conditions and of the remainder of the provision in question shall not be affected by that decision.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.