Effective Date: July 2023
Please read these Terms and Conditions ("Terms") carefully before using the Property Watch mobile application ("App"), owned and operated by Property Watch Certified Systems Inc. ("we," "us," or "our"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the App.
1. App Description Property Watch is a mobile application that provides features and tools to assist users in managing property checks. Please note that the App is a software solution and does not guarantee compliance with property insurance requirements or substitute for professional advice.
2. Limitation of Liability
a) Property damage: We take no liability for any property damage that may occur during the property checking process. By using the App, you acknowledge and agree that Property Watch Certified Systems Inc. shall not be held responsible or liable for any property damage or loss, including but not limited to damage resulting from the completion of property checks, reliance on the App's features, or any errors or omissions in the App's content.
b) Compliance with property insurance requirements: We do not assume any responsibility for ensuring users' compliance with property insurance requirements regarding property checks. It is your sole responsibility to understand and meet the requirements set forth by your property insurance provider or relevant authorities.
c) Property safety and unauthorized access: We are not responsible for the safety of the property being checked or any unauthorized access to the property during or as a result of using the App. It is your responsibility to take appropriate measures to ensure property security and access control.
3. Privacy
a) Data collection, use, and disclosure: Any information or data collected through the App will be handled in accordance with our Privacy Policy. By using the App, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
b) Aggregate data and third-party sharing: We retain the right to sell aggregate data to third parties, provided that the data is anonymized and does not personally identify any individual user. We may also share your personal information with partner vendors for marketing, sales, or to provide our services. For more details on how your data is collected, used, and disclosed, please refer to our Privacy Policy
4. Age Restriction: The App is not intended for use by minors. By using the App, you represent and warrant that you are at least 18 years of age or have the necessary legal capacity to enter into these Terms.
5. Indemnification: You agree to indemnify and hold Property Watch Certified Systems Inc., its affiliates, officers, directors, employees, agents, and representatives harmless from any claims, demands, losses, liabilities, expenses, or damages, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your violation of these Terms, or your violation of any rights of a third party.
6. User Responsibility
a) Account information: When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account. You are responsible for safeguarding your password and must not disclose it to any third party. You must notify us immediately of any breach of security or unauthorized use of your account.
b) Third-party websites or services: The App may contain links to third-party websites or services that are not owned or controlled by Property Watch Certified Systems Inc. We have no control over the content, privacy policies, or practices of any third-party websites or services, and we assume no responsibility for them.
7. Modifications and Severability We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
8. Intellectual Property
a) Ownership: The App and all its contents, including but not limited to text, graphics, images, logos, and software, are protected by intellectual property rights and are owned or licensed by Property Watch Certified Systems Inc. You acknowledge and agree that the App and its contents are provided for your personal, non-commercial use only and may not be copied, modified, distributed, or otherwise exploited without our prior written consent.
b) Trademarks: All trademarks, service marks, and logos displayed in the App are the property of Property Watch Certified Systems Inc. Nothing in these Terms shall be construed as granting any license or right to use any trademarks without our prior written permission.
9. Disclaimer of Warranties: The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Property Watch Certified Systems Inc., on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
10. Content Backups Although regular backups of content are performed, we do not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed.
11. Payment Terms
a) Paid Subscriptions: The App may offer access to content or services on a subscription basis ("Paid Subscriptions"). Paid Subscriptions automatically renew until canceled in the Manage Subscriptions section of your account settings. When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or content of that Service that requires a Paid Subscription.
12. Termination We reserve the right to terminate or suspend your access to the App at any time, with or without cause, and without prior notice or liability.
13. Contact Us If you have any questions or concerns regarding these Terms or the App, please contact us at [email protected].
By using the Property Watch mobile app, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.