Terms and Conditions

Introduction

These terms and conditions govern your use of otagoTech: a platform providing a property management.

By using the otagoTech website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services. If you create or use an otagoTech account, we will ask you to expressly agree to these terms and conditions.

References in these terms and conditions to “our services” are to the otagoTech website, the otagoTech marketplace platform and the services provided by means of the otagoTech website and platform; whereas references to “supplier services” are to the third-party services, products and resources that are offered and/or promoted through our services.

If you use our services or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both yourself and the person, company or other legal entity that operates that business or organisational project, to these terms and conditions; and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

Copyright notice

Copyright © 2024 OtagoTech Limited.

Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our services and the material available through our services; and (b) all the copyright and other intellectual property rights in our services and the material through our services are reserved.

Permission to use services

You may:

• view web pages from our services in a web browser;
• download web pages from our services for caching in a web browser;
• print web pages from our services for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
• use our interactive services by means of a web browser,
• subject to the other provisions of these terms and conditions.

• republish material from our services (including republication on another website);
• sell, rent or sub-license material from our services;
• show any material from our services in public;
• exploit material from our services for a commercial purpose; or
• redistribute material from our services.

We reserve the right to suspend or restrict access to our services. We may, for example, suspend access to the services during server maintenance or when we update the services. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the services.

Misuse of services

You must not:

• use our services in any way or take any action that causes, or may cause, damage to the services or impairment of the performance, availability, accessibility, integrity or security of the services;
• use our services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• hack or otherwise tamper with our services;
• probe, scan or test the vulnerability of our services without our permission;
• circumvent any authentication or security systems or processes on or relating to our services;
• use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• impose an unreasonably large load on our services resources (including bandwidth, storage capacity and processing capacity);
• decrypt or decipher any communications sent by or to our services without our permission;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent;
• access or otherwise interact with our services using any robot, spider or other automated means, except for the purpose of search engine indexing;
• use our services except by means of our public interfaces;
• violate the directives set out in the robots.txt file for our services;
• use data collected from our services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
• do anything that interferes with the normal use of our services.

You must ensure that all the information you supply to us through our services, or in relation to our services, is true, accurate, current and non-misleading.

User accounts and passwords

otagoTech accounts are not currently available to the public.

You will only be able to register for an otagoTech account if you are authorised to do so by an otagoTech customer (property factor) or represent an otagoTech contractor.

If you create an account on our platform, you will be asked to choose a password. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Our role

You acknowledge that:

• we do not audit all the information contained in the platform for contractors;
• we are not party to any contract for supplier services;
• we are not involved in any transaction between a user and a factor in any way, save that we facilitate a platform for users and factors and contractors to manage properties and communicate,

and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised through our services; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

Our rights to use your content

In these terms and conditions, “your content” means all communications sent by you through our services, any reviews you submit to us relating to our services or supplier services, and all other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our services for storage or publication on, processing by, or transmission via, our services.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and otherwise use your content on and in relation to our services. Where indicated through our services, we may also publish your content. You grant to us the right to sub-license these rights; and you grant to us the right to bring an action for infringement of these rights.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Rules about your content

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

• be libellous or maliciously false; be obscene or indecent;
• infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
• infringe any right of confidence, right of privacy or right under data protection legislation;
• constitute negligent advice or contain any negligent statement;
• constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
• be in contempt of any court or in breach of any court order;
• be in breach of racial or religious hatred or discrimination legislation;
• be in breach of official secrets legislation;
• be in breach of any contractual obligation owed to any person;
• depict violence in an explicit, graphic or gratuitous manner;
• be pornographic, lewd, suggestive or sexually explicit;
• be untrue, false, inaccurate or misleading;
• consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
• constitute spam;
• be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
• cause annoyance, inconvenience or needless anxiety to any person.

Report abuse

If you learn of any unlawful material or activity on our services, or any material or activity that breaches these terms and conditions, please let us know.

Suspension and restriction of services

If you breach these terms and conditions, we may suspend and/or restrict your account on our services by giving you written notice of such suspension and/or restriction.

Where we suspend or restrict access to our services, you must not take any action to circumvent such suspension or restriction.

Limited warranties

You are solely responsible for deciding which supplier services you order and use.

Subject to any separate agreement between you and us, we do not warrant or represent to you:

• the completeness or accuracy of the information published through our services;
• that the material on the services is up to date;
• that our services will operate without fault; or
• that our services will remain available.

We reserve the right to discontinue or alter any or all of our services at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our services.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our services and the use of our services.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer with respect to a contract made under these terms and conditions, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability in these terms and conditions are all subject to the foregoing, and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our services are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you for any loss or damage arising out of reliance upon the information published through our services, including any communications between factors, contractors and users.

We will not be liable to you for any loss or damage arising out of the acts or omissions of factors and contractors, or arising out of the provision of factor and contractor services or defects in factor and contractor services.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that this paragraph will not affect our liabilities under applicable data protection law.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Our aggregate liability to you in respect of our services shall not exceed GBP 100.

Third-party websites

We have no control over third-party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trademarks

otagoTech, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third-party registered and unregistered trademarks or service marks on our services are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our services from the date of publication of the revised terms and conditions on our services, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third-party rights

A contract made under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third-party. The exercise of the parties’ rights under such a contract is not subject to the consent of any third-party.

Entire agreement

These terms and conditions, together with any applicable supplier marketplace agreement or client agreement, shall constitute the entire agreement between you and us in relation to your use of our services and shall supersede all previous agreements between you and us in relation to your use of our services.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with Scots law.

Any disputes relating to our services and/or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

Our details

The otagoTech platform is owned and operated by Otagotech Limited.

We are registered in Scotland under registration number SC782330 and our registered office is at 5 Canniesburn Toll, Bearsden, Glasgow, Scotland, G61 2QU.

You can contact us:

• by post, to the postal address given above;
• using our contact form;
• by telephone, on the contact number published through our services; or
• by email, using the email address published through our services.

Complaints

If you have any complaints regarding our services or any supplier services, please contact us in accordance with our complaints policy.