Published 28th January 2020
Users registered with the Company may freely transition between the Company’s Services using the same credentials. Services are interconnected but operate under different models and users may find that some services require a specific Subscription. This section describes each Service and how Users access the Service.
NRLA Licensing 365 Service: The NRLA Licensing 365 Service is a joint partnership between the National Residential Landlords Association Limited (NRLA) and Kamma Limited to provide NRLA members access part of Kamma’s Data Service. Users of this Service primarily add properties to find out about their compliance requirements and to be notified as this requirement changes over time. A number of properties are allocated per User based on their NRLA membership, subject to the User paying any Fees that may be payable to the NRLA for continued membership.
Tenant Service: The Service is offered by the Company to provide individuals access to property management software, information, tools and APIs. Users of this Service primarily connect with Users of the Landlord Service. Users may elect to engage the services of a third party via the Company’s Service which would be billed on a per-usage basis.
Licence: Subject to your compliance with these Terms and payment of any Fees due, the Company grants Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Applications on Users’ devices solely in connection with use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Users’ use. Any rights not expressly granted herein are reserved by the Company and the Company’s licensors.
From time to time, the Company may offer free trials of the Service (including free reports created using the Service). Unless agreed otherwise between Kamma and the party in question, these are not intended for, and may not be used by:
While access to certain components of the Site and selected features of the Service (such as free trials) are free, the Company reserves the right to stop offering these for free and/or to charge Fees for these features. In such circumstances, before being charged, Free Users will be notified and will be given the option to stop using those aspects of the Site or Service for which Fees will be charged, or to become a Subscriber.
The Company will, as part of the Service and at no additional cost to the Subscriber, provide the Subscriber with the Company’s standard customer support service during Normal Business Hours.
The Company undertakes that the Services will be performed with reasonable care and skill. This undertaking shall not apply to the extent that an issue is caused by the User’s use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company or the Company’s duly authorised contractors or agents.
The Company makes no statement (express or implied) that use of the Service by a User will produce and/or generate any particular outcome and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Users acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. The Company may also suspend the Service if it believes that continuing to provide it will be in breach of any applicable law, regulation, guidance, code of conduct, third party rights (including Intellectual Property Rights). Without limiting the generality of the foregoing, the Company does not warrant that the Service will be uninterrupted, virus-free or error-free, however the Company shall use reasonably commercial endeavours to correct any interruptions, viruses or errors and to limit any suspensions of the Service and such correction or limitation shall be the User’s sole and exclusive remedy for any breach of the undertaking given by the Company at the start of this section 4. Nothing in this section 4 shall affect a User’s mandatory statutory rights as a consumer under local law.
In providing elements of the Services Kamma aggregates publically available information in relation to landlord licence requirements and other regulatory requirements in the UK. Users acknowledge that Kamma uses postcode and property details and associates them with related, aggregated local authority information to indicate licensing or regulatory requirements that may apply to a property. Kamma does not warrant that the information provided in our Reports or aggregated within our software is complete, true, accurate or non-misleading. All information in Reports, on our Site and our Data Site is provided without any representations or warranties, express or implied. Kamma will not be liable to the User in relation to the contents of, or use of, the contents of Reports provided or on the Data Site or any other Services provided by Kamma whether under any theory of tort, contract, warranty, strict liability or negligence or otherwise, and whether in respect of direct, indirect, consequential, special, punitive or similar damages, even if Kamma was advised, knew or should have known of the possibility of such damages. Nothing in the Reports produced by Kamma or on Kamma Site or Data Site constitutes, or is meant to constitute, advice of any kind. Kamma disclaims all liability and responsibility for any errors or omissions in the content contained in Reports it produces or on its Data Site.
The information presented in the reports produced by Kamma or on its Site and Data Site should not be construed as professional advice or service. You should consult with the relevant Local Authority or other professional advisor familiar with your particular factual situation for advice concerning specific matters before making any decision. Furthermore, the Site and Data Site may contain references to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances.
The Service is available only to Users who are human (not bots, except for certain authorized API users) and 18 years of age or older.
Users shall ensure that their network and systems comply with the relevant specifications provided by the Company from time to time in order to make use of the Service.
Users shall be solely responsible for procuring and maintaining their network connections and telecommunications links from their systems to the Site and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s network connections or telecommunications links or caused by the internet.
Users agree to inform the Company immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Site or the Service in connection with their account.
The Company reserves the right to monitor User activity.
Users shall not, and shall not permit any Users of the Service or any other party to:
Term and Renewal: Where Users have subscribed, after expiry of the Initial Subscription Term, the Subscriber’s subscription to the Service shall automatically renew for a period of time equal to the Initial Subscription Term and shall continue to automatically renew in this way upon the expiry of each subsequent renewal term unless terminated as set out in the ‘Termination’ clause in this section 6. The Company is under no obligation to provide notice of automatic renewal to Subscribers and urges Subscribers to visit their profile page while signed in to their account on the Site in order to find out when their subscription is set to renew.
Fees: Subscribers shall pay the Fees in accordance with the payment terms presented to them at the time that they sign up on the Site. Upon automatic renewal of a Subscriber’s subscription, the Fees payable in respect of the renewal term will be the same as those payable during the previous subscription term. Notwithstanding this, the Company reserves the right to increase the Fees in respect of an upcoming renewal term to the then-current non-promotional subscription rate provided it gives the Subscriber 60 (sixty) days’ notice of such increase by email to the address then currently associated with the Subscriber’s account.
Credit Card: A Subscriber may use a credit card to pay the Fees and hereby authorises the Company to bill such credit card for any Fees payable in respect of the Initial Subscription term and any subsequent renewal terms. Subscribers are responsible for ensuring that the credit card associated with their account or subscription is up to date, that information posted in connection with it is accurate, and that they are authorized to use it. If the Company cannot charge the credit card in question, it may cancel the Subscriber’s subscription and the Subscriber may lose access to the Service and any data associated with their subscription. Please note that the Company does not store credit/debit card numbers or any related information, nor does it share customer financial details with any 3rd parties.
Reactivation: Where any Subscribers’ accounts are suspended or terminated and a Subscriber subsequently wishes to reactivate such accounts, this reactivation may be done at Company’s discretion and shall be subject to additional Fees as may be charged by the Company.
In the event of any loss or damage to User Data in connection with the Service, the User’s sole and exclusive remedy shall be for the Company to use reasonable commercial endeavours to restore the lost or damaged User Data. The Company shall not be responsible for any loss, destruction, alteration or disclosure of the User Data caused by any third party (except those third parties sub-contracted by the Company to perform the Service related to User Data).
If the Company processes any personal data on the User’s behalf when providing the Service, the User acknowledges that the User shall be the data controller and the Company shall be a data processor and in any such case:
The Company may incorporate updates or improvements to the Service. If the Company does so, these updates or improvements will be available in accordance with the Company’s standard release process.
The Subscriber may request changes to the Service and the Company may in its discretion agree to provide these. If the Company does provide any changes agreed with the Subscriber, such changes may be subject to the Subscriber paying additional Fees (as the Company agrees with the Subscriber) and they will be made available to the Subscriber as agreed with the Company (though the Subscriber acknowledge that this may be in accordance with the Company’s standard release process).
Additional Services: The Subscriber may, from time to time purchase Additional Services. The Subscriber shall notify the Company in writing if they wish to do so. The Company shall evaluate such request for Additional Services and respond to the Subscriber either approving or rejecting the request. If the Company approves the Subscriber’s request to purchase Additional Services, the Subscriber shall pay any additional Fees via credit card or invoice as agreed between the parties.
API Services: The Company may provide a free or paid API with its proprietary data. All data associated with such an API is proprietary to the Company. If Users publicly display proprietary data associated with a free API, they must comply with any link and attribution guidelines set forth on the Site. An API may be accessed via an API Key licenced to Users non-exclusively by the Company. Users agree to keep their API Key confidential, and not to share it with any third party. This licence is personal to Users. Users agree that they will be personally responsible for the use of their API Key. All access and activities of any kind including transactions, payments or losses made or caused that occur from a User’s API Key are that User’s responsibility. Users acknowledge and agree that the Company may rely on such access through the API Key as being made by the User to whom it is licensed, regardless of whether Users have authorized others to use it.
The Company reserves the right to suspend or terminate access to a free API at any time and for any reason, with or without cause. If a User’s access to a free API is suspended or terminated, that User agrees that they have no rights associated with such API and shall not be entitled to any remuneration or compensation of any kind.
The Company may also monitor API usage in order improve the Service and track usage to detect misuse and abuse in respect of Section 5 of this agreement. API Keys and access may be suspended, replaced or revoked if fraudulent or abusive behaviour is detected with no liability on the Company for Service loss by the client.
The User grants to the Company a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual licence to use and/or incorporate any suggestions, enhancement requests, recommendations or other feedback provided by to the Company relating to the Site and/or the Service.
The User shall defend, indemnify and hold harmless the Company and its respective officers, directors and employees against all third party claims, fines, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with their use of the Service, provided that (a) the Company gives the User prompt notice of any such claim (b) the Company gives reasonable co-operation to the User in the defence and settlement of such claim, at the User’s expense and (c) the User is given sole authority to defend or settle the claim.
The Company shall defend, indemnify and hold harmless a User, its officers, directors and employees against any claim that the Service infringes any Intellectual Property Rights of any third party, provided that (a) the Subscriber gives the Company prompt notice of any such claim (b) the Subscriber provides reasonable co-operation to the Company in the defence and settlement of such claim, at Company’s expense and (c) the Company is given sole authority to defend or settle the claim.
The Company is under no obligation to defend, indemnify or hold harmless a Free User in any circumstances.
This section 12 (together with section 13) states User’s sole and exclusive rights and remedies, and the entire obligations and liability of the Company, for infringement of any third party Intellectual Property Rights relating to the Service.
The User assumes sole responsibility for results obtained from its use of the Service and for conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions, scripts or reports provided to the Company by the User in connection with the Service, or any actions taken by the Company at the User’s direction.
The User acknowledges that information transmitted via the Service will pass over public telecommunications networks and that the security of this is not guaranteed.
The User acknowledges and agrees that the Company may sub-contract elements of the provision of the Service to any other third party (for example to data hosting and storage providers). The Company shall only be liable to a User for any loss, costs, damages, charges or expenses however arising out of or in connection with any sub-contracted elements of the Service to the extent that the Company is able to recover the same from the relevant third party sub-contractor.
As a consequence of the global nature of the Internet, Users agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, Users agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which the User resides.
The User agrees that the Company (and any third party authorised by the Company) may disclose the fact that the User is a customer for publicity and marketing purposes and may reasonably use any and all logos, trademarks and other identifying marks of the User as part of such purposes. Neither party may make any publicity announcements referencing or alluding to the other without the Company’s prior written consent.
Kamma Ltd. are an Introducer Appointed Representative of AXA Insurance UK
AXA Insurance UK Plc Registered in England No 78950. Registered office: 5 Old Broad Street, London EC2N 1AD. A member of the AXA Group of Companies. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority FCA number 202312. Telephone calls may be monitored and recorded.
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