Terms & Conditions

Welcome to YourWelcome Technology Ltd, the operator of www.propertycare.com (the “Site”).

YourWelcome Technology Ltd is registered in England and Wales, (Company Number 15190995). The registered office of the company is 25 Sulivan Road, London SW6 3DT, United Kingdom.

By accessing, browsing and using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not access this Site.

YourWelcome reserves the right to revise these Terms at any time and you are encouraged to review these Terms each time you visit the Site

BY ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE OR THE APP. PRICE INFORMATION FOUND ON THIS SITE OR THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. YOURWELCOME RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE

We grant you a person specific, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right to revise the products and services available on the Site. We may also impose rules for and limits on use of the Site, restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Usage of the Site

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of YourWelcome.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Subscription to PropertyCare.com

Subscribing to the PropertyCare.com is done by clicking the “Buy Now” button on the checkout page. You are responsible for checking your details are correct at the point you click the “Submit Order” button on the checkout page.

Your order constitutes a subscription agreement between YourWelcome and yourself. All orders are subject to acceptance by Propertycare.com operator YourWelcome. YourWelcome is not obliged to accept your order and may in its discretion, decline to accept any order. Where YourWelcome accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been ordered.

By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods. Your credit card will be charged on the same day as you purchased your subscription every calendar period.

You are responsible for ensuring a valid payment card attached to your account at all times. You are able to manage and update your payment method from the PropertyCare.com dashboard.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

Automatic Renewal Terms

PropertyCare.com subscriptions subject to automatic renewal. You agree that Propertycare.com operator YourWelcome may change the renewal price of subscriptions. You will be notified of any changes in price a minimum of 30 days prior to the renewal of your subscription(s).

Monthly Subscriptions

Cancellation Policy: Monthly Subscriptions

You may cancel your Monthly Subscription by giving PropertyCare.com after a minimum one year giving notifying us a minimum of 3 working days notice prior to the auto-renewal date. Cancellations can only be made via email communication via cancellations@propertycare.com or by contacting your account manager by the same method. You agree that no refunds will be due if the subscription is cancelled prior to the end of the subscription period.

Annual Subscription

By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation.

Cancellation Policy: Annual Subscriptions

You may cancel your Annual Subscription by giving PropertyCare.com a minimum of 3 working days notice prior to the auto-renewal date. Cancellations can only be made via email communication via cancellations@propertycare.com or by contacting your account manager by the same method. You agree that no refunds will be due if the subscription is cancelled prior to the end of the subscription period.

Failure to Pay

You are responsible for ensuring you have a valid payment card attached to your account. In the event a payment for a subscription fails, you will have 3 days to update a valid card in the PropertyCare.com dashboard before the the subscription is suspended and all functionality and workflows set up on the account will fail.

Selling Services & Revenue Generation

PropertyCare.com can be used as an ecommerce platform that enables you to sell any service that you like to your guests. You set up the services using the YourWelcome/PropertyCare.com web portal (dashboard), setting up the price, summary of service and any rules / regulations. The service can be distributed to your guests via email or SMS. YourWelcome processes the payment through Stripe or PayPal. The payment processor charges a transaction fee that varies from card type and origin of guest. You are able to add your own Stripe account and will receive 100% of the revenue after card processing deductions.

You are responsible for ensuring that any services you add to the platform conform to local laws and that you can fulfil any and all orders placed via your tablets.

Appointing YourWelcome as a Data Processor

By signing up and using our service you are automatically appointing YourWelcome as a Data Processor partner.

1.DEFINITIONS

1.1 “Controller” means an entity that determines the purposes and means of the processing of Personal Data.

1.2 “Data Protection Law” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.

1.3 “EU Data Protection Law” means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive”); and (ii) on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”).

1.4 “EU Model Clauses” means the standard contractual clauses for Processors as approved by the European Commission pursuant to Decision C (2010)593, as they may be amended or replaced from time to time.

1.5 “Personal Data” means any information relating to an identified or identifiable natural person as contained within Content as defined in the Agreement.

1.6 “Personal Data Breach” means a breach of security of the Services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.

1.7 “Processor” means an entity that processes Personal Data on behalf of a Controller.

1.8  “Services” means any digital service offering by YourWelcome Technology Ltd to you.

1.9 “Sub-processor” means any Processor engaged by YourWelcome Technology Ltd or any member of its group of companies that processes Personal Data pursuant to the Agreement. Sub-processors may include third parties or any member of YourWelcome’s group of companies.

2. PROCESSING

2.1 Role of the Parties. By using our services you expressly permit YourWelcome Technology Ltd to process Personal Data.

2.2 Processing of Personal Data. You will, in its use of the Services, comply with your obligations under Data Protection Law in respect of its processing of Personal Data and any processing instructions issued to YourWelcome Technology Ltd. You represent that it has all rights and authorisations necessary for YourWelcome Technology Ltd to process Personal Data.

2.3 YourWelcome Technology Ltd Processing of Personal Data. YourWelcome Technology Ltd will comply with its processor obligations under Data Protection Law and will process Personal Data in accordance with your instructions.

2.4 Processing of Personal Data Details.

2.4.1 Duration. YourWelcome Technology Ltd will act as your Data Processor for the duration of your subscription.

2.4.2 Purpose. The purpose of the processing is the provision of the Services by YourWelcome Technology Ltd to you.

2.4.3 Nature of the Processing. YourWelcome Technology Ltd and/or its Sub-processors are providing Services or fulfilling contractual obligations to you. These Services may include the processing of Personal Data by YourWelcome Technology Ltd and/or its Sub-processors on systems which may contain Personal Data.

2.4.4 Categories of Data Subjects. The data subjects may include Customer’s end users, employees, contractors, suppliers, and other third parties.

2.4.5 Categories of Data. Personal Data that is submitted to the Services by you.

3. SUBPROCESSING

3.1 Use of Sub-Processors. YourWelcome Technology Ltd engages Sub-processors to provide certain services on its behalf. You consent to YourWelcome Technology Ltd engaging Sub-processors to process Personal Data. YourWelcome Technology Ltd will be responsible for any acts, errors, or omissions of its Sub-processors that cause YourWelcome Technology Ltd to breach any obligations under this DPA.

3.2 Obligations. YourWelcome Technology Ltd will enter into an agreement with each Sub-processor that obligates the Sub-processor to protect the Personal Data in a manner substantially similar to the standards set forth here (to the extent applicable to the services provided by the Sub-processor).

4. SECURITY MEASURES

4.1 Security Measures. YourWelcome Technology Ltd will implement and maintain appropriate technical and organisational security measures to protect against Personal Data Breaches and to preserve the security and confidentiality of Personal Data processed by YourWelcome Technology Ltd on behalf of you in the provision of the Services (“Security Measures”). The Security Measures are subject to technical progress and development. YourWelcome Technology Ltd may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by you.

4.2 Security Measures. You are responsible for using and configuring the Services in a manner, which enables you to comply with Data Protection Laws, including implementing appropriate technical and organisational measures.

4.3 Personnel. YourWelcome Technology Ltd restricts its personnel from processing Personal Data without authorisation (unless required to so by applicable law) and will ensure that any person authorised by YourWelcome Technology Ltd to process Personal Data is subject to an obligation of confidentiality.

5. PERSONAL DATA BREACH RESPONSE

Upon becoming aware of a Personal Data Breach, YourWelcome Technology Ltd will notify you without undue delay and will provide information relating to the Personal Data Breach as reasonably requested by you. YourWelcome Technology Ltd will use reasonable endeavours to assist you in mitigating, where possible, the adverse effects of any Personal Data Breach.

6. AUDIT REPORTS

YourWelcome Technology Ltd audits its compliance against data protection and information security standards on a regular basis. Such audits are conducted by YourWelcome Technology Ltd internal audit team. Upon written request, and subject to obligations of confidentiality, YourWelcome Technology Ltd will make available to you a summary of its most recent relevant audit report and/or other documentation

7. DATA TRANSFERS AND EXPORTS

7.1 Data Transfers. YourWelcome Technology Ltd may transfer and process Personal Data to and in other locations around the world where YourWelcome Technology Ltd or its Sub-processors maintain data processing operations as necessary to provide the Services.

7.2 Data Transfers from the EEA and Switzerland. Where Personal Data is transferred from the European Economic Area and/or Switzerland to a member of YourWelcome Technology Ltd group of companies located in a country not recognized by the European Commission or the Swiss Federal Data Protection Authority as providing an adequate level of protection for Personal Data, You appoint YourWelcome Technology Ltd to enter into the EU Model Clauses on Customer’s behalf with such YourWelcome Technology Ltd entity based outside of the EEA and Switzerland and involved in the processing of Personal Data.

8. COOPERATION

8.1 Data Protection Requests. If YourWelcome Technology Ltd receives any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement, including requests from individuals seeking to exercise their rights under EU Data Protection Law, YourWelcome Technology Ltd will promptly redirect the request to you. YourWelcome Technology Ltd will not respond to such communication directly without your prior authorisation, unless legally compelled to do so. If YourWelcome Technology Ltd is required to respond to such a request, YourWelcome Technology Ltd will promptly notify you and provide you with a copy of the request, unless legally prohibited from doing so.

8.2 Customer Requests. YourWelcome Technology Ltd will reasonably cooperate with you, at your expense, to permit Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement to the extent that you are unable to access the relevant Personal Data in their use of the Services.

8.3 DPIAs and Prior Consultations. To the extent required by EU Data Protection Law, YourWelcome Technology Ltd will, upon reasonable notice and at your expense, provide reasonably requested information regarding the Services to enable you to carry out data protection impact assessments (“DPIAs”) and/or prior consultations with data protection authorities.

8.4 Legal Disclosure Requests. If YourWelcome Technology Ltd receives a legally binding request for the disclosure of Personal Data, which is subject to this DPA, such request will be dealt with promptly.

9. GENERAL

9.1 Relationship. Any claims brought under this DPA will be subject to the terms and conditions of the YourWelcome Technology Ltd general terms.

9.2 Conflicts. In the event of any conflict between this DPA and any privacy-related provisions, the terms of this DPA will prevail.

9.3 Modification and Supplementation. YourWelcome Technology Ltd may modify the terms of this DPA, in circumstances such as (i) if required to do so by a supervisory authority or other government or regulatory entity, (ii) if necessary to comply with Data Protection Law, or (iii) to implement or adhere to standard contractual clauses, approved codes of conduct or certifications, binding corporate rules, or other compliance mechanisms, which may be permitted under Data Protection Law. Supplemental terms may be added as an Annex or Appendix to this DPA where such terms only apply to the processing of Personal Data under the Data Protection Law of specific countries or jurisdictions. YourWelcome Technology Ltd will provide notice of such changes to you and the modified DPA will become effective, in accordance with the terms of the Agreement or as otherwise provided on YourWelcome Technology Ltd website if not specified in the Agreement.

Limitation of Liability

PropertyCare.com operator YourWelcome excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site or the App, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and YourWelcome at the start of your membership.

PropertyCare.com operator YourWelcome will not be liable to you over the entire period of your use of the Site or any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site and (b) £100, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation or (d) any other liability that cannot by law be excluded or limited.

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site or the App and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.

Governing Law

The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Queries

Should you have any questions regarding these Terms you may contact us at info@yourwelcome.com