Terms and Conditions
Last updated: 9 January 2021
1. About our terms and conditions
1.1. These terms and conditions of use, together with any documents referred to in them (collectively the Terms), set out the terms which apply to your use of and access to our property review mobile application ‘holmes’ (Holmes App) (available via both the Google Play and the Apple App Store) as well as our website (available at https://holmes-app.com) and any related website, subdomain or other software application operated by us (all of this together forming the Platform).
1.3. The Platform is owned and operated by Holmes LLC (trading as Holmes), a company registered in Delaware with company number 4370773 whose registered office is situated at 8 The Green, Suite A, Dover, DE 19901, United States (Holmes/we/us/our). The term “you” refers to the user wishing to access and/or use the Platform.
1.4 You can contact us by emailing us at firstname.lastname@example.org. If we have to contact you, we will do so by writing to you at the email address or telephone number you provided us with.
2. Use of the Platform and restrictions on use
2.1. The Platform has been developed using reasonable skill and care, however you are solely responsible for all use you make of any service you use on the Platform. We permit you to use the Platform only in accordance with these Terms. Use of the Platform in any other way, including in contravention of any restriction or use set out in these Terms, is not permitted. If you do not agree with the applicable terms you may not use the Platform. In particular and without limitation, as a condition of your use of the Platform you agree:
2.1.(a) in any way that breaches any applicable local, national or international law or regulation;
2.1.(b) in any way that is unlawful, dishonest or fraudulent, or has any unlawful, dishonest or fraudulent purpose or effect;
2.1.(c) in any way that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
2.1.(d) use unauthorised automated means to access the Platform or otherwise gain unauthorised access to the Platform or to any account or computer system connected to the Platform;
2.1.(e) to ‘harvest,’ ‘scrape’ or collect information from the Platform using an automated software tool or manually on a mass basis. This includes, for example, information about other Registered Users;
2.1.(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
2.1.(g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.1.(h) not to use the Platform for any purpose that is prohibited by these Terms; and
2.1.(i) not to use the Platform in excess of objectively reasonable usage limits, for example not to use the Platform in a way that places undue strain on the Platform’s underlying technical infrastructure or in a way that could prevent the proper use of the Platform by other users.
2.2. You should only use the Platform for your own personal purposes.
2.3. You agree that your use of the Platform is at your own risk. Although we try to ensure that the information available on the Platform is accurate and up-to-date, we cannot and do not guarantee the accuracy or completeness of any information available on the Platform. Holmes is not liable for any inaccuracy or omission concerning any information provided on the Platform.
2.4. The Platform is intended for use by persons aged 18 years and over. By downloading Holmes you are representing that you are aged 18 years or over or that that you have obtained parental or legal guardian consent, and are fully able and competent to accept and comply with these Terms.
3. Your Holmes Account
3.1. If you want to use the reporting features of the Platform you will have to create a user account (an Account) via the Platform.
3.2. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we may not be able to make the Platform and our services available to you and we might even have to suspend or terminate your Account.
3.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (Account Information), you must treat such Account Information as confidential and you must not disclose it to any third party. Please ensure you are protecting the confidentiality of your account password when you register on the Platform. We are not liable for any loss or damage arising from your failure to protect your password or Account Information.
3.4. You should not use another person’s Account without their permission. If you know or suspect that anyone other than you knows your Account Information, or has accessed your Account without your permission, you should promptly notify us on email@example.com
3.5. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4. Reporting issues
4.1. Our Platform allows Registered Users (i.e. those who have an Account) to post reports of issues in the properties rented or previously rented by the Registered User (each a Report).
4.2. Any Registered User will be deemed to have represented to us, in connection with each Report posted by such Registered User that:
a. The information in the Report is true, complete, accurate and up-to-date without any material omissions;
b. The issue described in the Report was not caused by or created by the Registered User posting the Report;
c. The Registered User is, or was at the time when the reported issue existed, a tenant at the property to which the Report relates.
4.3. When posting a Report, the Registered User undertakes to keep information up-to-date and particularly to use the function ‘Update the Report’ should any information in the Report change or should the issue described in the Report be fixed. We may contact you from time to time to check whether any progress has been made in fixing the issue described the Report to make sure that the information on the Platform is accurate and up-to-date.
5. Previously reported issues
5.1. The Platform makes it possible for users to view issues previously reported by other users.
5.2. When viewing previously reported issues, a user will be deemed to acknowledge that:
a. the Platform makes no representation as to the completeness or accuracy of information presented on the Platform;
b. the user understands that the use of Platform to view existing reports should be supplemented by other forms of due diligence on the property, such as viewing the property as well as, where applicable, using services of professional surveyors;
c. the property profile on the Platform is not a surveyor’s report, and you should not use or rely on it as such. It is not a substitute for obtaining a surveyor’s report from an appropriately qualified and experienced professional and Holmes does not accept any responsibility for user’s failure to conduct independent due diligence on the property in question in addition to the use of the Platform.
6. Complaining about Defamatory Content
6.1. Each user of the Platform acknowledges that while reasonable efforts have been made to ensure that inappropriate material will not be present on the Platform, from time to time reviews or other material may be posted on the Platform by third parties which is in breach of these Terms and Conditions.
6.2. A user of the Platform may report any material on the Platform which is inappropriate, fraudulent, defamatory, inaccurate, infringes third party intellectual property rights, or which is in any other way in breach of these Terms and Conditions by using the reporting function of the Holmes App or by contacting us on firstname.lastname@example.org.
6.3. If a user wishes to notify Holmes of defamatory content, the user agrees to follow procedures set out in Section 5 of the Defamation Act 2013 and Regulations – January 2014 by completing ‘Notification of Defamatory Content’ (Notification) in the format set out below and send it by email to email@example.com.
6.4. For the Notification to be reviewed by Holmes, it must strictly follow the form prescribed by Section 5 of the Defamation Act 2013 and Regulations – January 2014:
“Notification to Holmes LLC of Defamatory Content:
I [state your full name] of [state your Name and email address], say as follows:
1. I refer to the Holmes mobile application (“Holmes App”) and now give Notification to Holmes LLC that via its Holmes App it is enabling or contributing to the publication of a defamatory statement.
2. The relevant statement appears on the Holmes App at [please cut and paste the review or comment in which the relevant statement appears and specify the full address of the property to which the review relates].
3. The words I consider defamatory are: [please repeat the exact words appearing on the Holmes App which you are complaining about].
4. I submit that these words are defamatory because [please state why you consider these words to be defamatory].
5. I consider these words defamatory [please state why the words complained of are untrue and what you believe the true position is].
6. I also confirm that I do not have sufficient information about the person who posted the statement to bring proceedings against that person.
7. I confirm that Holmes LLC can share my email address and contact details with the poster of the review.
I declare the above claim to be true, and understand that this Notification, and any supporting evidence provided in connection therewith, may be used in any subsequent court proceedings relating to the above defamation complaint.
[Your Full Name]
[If you are acting for the claimant, the claimant name]
6.5. User agrees that following receipt of the Notification, complying with the content requirements set out above, Holmes will take whatever steps we regard as reasonable to address the issue and may, in its sole and absolute discretion, do one or more of the following:
7. Disclaimer and limitation of liability
7.1. In no event will Holmes be liable to any user of the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any losses or damages arising out of or in connection with use of, or inability to use, the Platform, or with reliance on any Content (as defined below) available on or through the Platform, including, without limitation, any consequential or economic loss, loss of profits, data, goodwill, sales, business, revenue, anticipated savings, business opportunity, reputation (in all these cases whether direct or indirect), any business interruption (whether direct or indirect), or any indirect, consequential or special loss or damage.
7.2. Holmes does not warrant that the functions or materials accessible from or contained in this Platform will be uninterrupted or error free, that defects will be corrected, or that this Platform or the server(s) that make the Platform available are free from viruses or bugs or represent the full functionality, accuracy and/or reliability of the same. To the fullest extent permitted by law, Holmes excludes all conditions, warranties and/or representations, whether express or implied, which may apply to the Platform or any Content on it.
7.3. Nothing in these Terms shall exclude or limit Holmes’s liability for death or personal injury resulting from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
7.4. You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your misuse or unauthorized use of the Platform, or any violation of these Terms, or applicable law, by you or by someone accessing the Platform via your Account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification obligation will survive these Terms and the termination of your use of the Platform.
7.5. If you are dissatisfied with these Terms or the Platform, your sole and exclusive remedy is to discontinue using the Platform.
8. Accuracy of information and availability of the Platform
8.1. While Holmes has taken care in the preparation of the Platform, the Platform and any content thereon (including any information, names, images, pictures, logos, icons whether regarding or relating to Holmes or any third party products and services available through the Platform (together the Content), are provided on an ‘as is’ basis. We make no representations, endorsements, warranties or guarantees of any kind, whether express or implied, that the Platform and any Content thereon is accurate, complete, up-to-date, secure, of satisfactory quality, fit for any particular purpose or compatible with any third party systems. To the fullest extent permitted by law, all such terms and warranties are excluded.
8.2. While we take reasonable care to ensure that the Content on the Platform is accurate, please note that the Content is not intended to constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the Content on the Platform is at your own risk.
8.3. While we try to make sure that the Platform is available for your use, we do not promise that the Platform is or will be available at all times nor do we promise the uninterrupted use by you of the Platform. If you have any difficulties using the Platform, please contact us on firstname.lastname@example.org
9. Content Review
9.1. You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review any information or data you provide to or through the Platform (User Data) to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). However, Holmes otherwise has no obligation to monitor or review any User Data submitted to the Platform.
9.2. We reserve the right to remove, modify, prevent access to, delete or refuse to display any User Data that we (in our absolute discretion) deem inappropriate, abusive, unlawful or otherwise contrary to, or in breach of, these Terms, the proper use of the Platform or applicable (Infringing User Data). Holmes shall not be responsible or liable, in any way, to any third party in respect of any Infringing User Data.
9.3. If you would like to report any inappropriate or illegal content (or content that may violate these Terms), please do so by emailing us at email@example.com.
10. Copyright, trademark and intellectual property rights
10.1. References in these Terms to Intellectual Property Rights means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
10.2. Unless specifically indicated otherwise, the Platform and all Content presented on the Platform, together with all Intellectual Property Rights therein, are owned by Holmes, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
10.3. The Platform and the Content thereon are available for browsing and reference purposes only and nothing in these Terms grants you any legal rights to access or use the Platform or any Content thereon for any other purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or electronic means) the Content or Platform unless specifically authorised by Holmes. In addition, none of the Content on the Platform may be copied, altered in any way, or transmitted or distributed to any other party without our prior express written permission.
11. Our rights
11.1. We reserve the right to:
11.1.(a) temporarily or permanently modify this Platform (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any modification to the Platform. In the event that we make any significant changes to the Platform we will use our best endeavours to inform you of such changes in advance in writing;
11.1.(b) temporarily withdraw this Platform (or any part thereof) with or without notice or permanently withdraw this Platform (or any part thereof) with notice in writing to you. We shall not be liable to you or any third party for any withdrawal of the Platform;
11.1.(c) prevent or suspend your access to the Platform, including by preventing you from setting up an Account or by suspending or closing any existing Accounts, for any reason in our ultimate discretion, including (without limitation) if you do not comply with any part of these Terms, any terms or policies to which they refer, or any applicable law; and
11.1.(d) change or update the Terms from time to time. Your continued use of the Platform (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Platform. In the event we make any significant changes to the Terms we will use our best endeavours to inform you of such changes in advance in writing.
12. Third party sites
13. Linking to the Platform
You may link to the homepage of the Platform from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Platform and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Platform.
15. Force Majeure
We will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, pandemic, epidemic, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.
16.1. Data Protection
16.2. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. If you are unhappy with the transfer, you may contact us to end these Terms within 30 days of us telling you about it.
16.3. If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4. Compliance with law
The Platform has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the Platform from locations outside of England and Wales, you are responsible for compliance with local laws where they are applicable.
16.5. Rights of third parties
No one other than you or Holmes has any right to enforce any of these Terms.
16.7 Even if we delay in enforcing these Terms, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.8 Governing Law and Jurisdiction
These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.