By using this site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not accept all of these Website Terms of Use, you should not use this site. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this site, you consent to such processing and you warrant that all data provided by you is accurate.

Information about us

Where we refer to ‘we’ (or ‘our’ or ‘us’), that means Property-Wiz, which is operated by Property Wiz Ltd, a limited company registered in England and Wales under company number 13418068 and with our registered office at 85 Woodberry Avenue, Harrow, England, HA2 6AY.

Limitation of our liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any related, connected or linked third-party site, or any content on it, whether express or implied.

If you use this site or any site connected, linked or related to this site please note that in particular, that neither we nor our officers, directors and affiliates will be liable for: (a) loss of income, profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of data; (e) loss of business opportunity, goodwill or reputation; or (f) any indirect, punitive, incidental, special, or consequential loss or damage.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Indemnity

You agree to defend and indemnify us and our affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this site.

Applicable law

These terms and conditions, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

Entire Agreement

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Property-Wiz with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Property-Wiz with respect to this site.

Service pricing

Service prices are exclusive of VAT and include delivery costs. Prices are liable to change at any time and you will be notified at least one month in advance of any such change.

It is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our service dispatch procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when dispatching the Service to you. If a Service's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Service, or reject your order and notify you of such rejection.

We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Service Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products and Services must be by credit or debit card.

Delivery

Following your successful payment, we endeavour to grant you instant access to the service you have purchased; on rare occasions when the site is extremely busy, your subscription purchases may take up to 15 minutes to enable; however, we are unable to offer any guarantee regarding the amount of time it will take for a specific service to be configured and made available to you. In any event the Service shall be delivered within 5 working days of having been ordered. Should you not have received notification of your new subscription within this time, please check that you have made a payment with your bank. If you have made a payment and/or have a receipt, then please contact us during normal UK working hours and we will make every effort to resolve the problem as fast as possible.

Cancellation

We believe that the service we are offering is a real asset for everyone involved. We are re-investing in the site to continue to maintain and improve the services it offers and we hope very much that the question of refunds will never cross your mind. However, in case it does, we have a Plain English Statement below which we hope makes the policy very clear. Please do not hesitate to write to us if there is anything we can do to clarify matters for you. You may contact us by email to info@propertywizuk.com.

Of course, your Statutory Rights are in no way affected by our policies and you have the right to cancel all access to the site within 7 days of entering your agreement with us.

Refund

When you cancel a Service we will process your request as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. If a refund is due, we will undertake this in accordance with Cancellation as set out above.

We will usually refund any monies due to you using the same method originally used by you to pay for your purchase.

Our liability

We warrant to you that any Service purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased.

This does not include or limit in any way our liability:

• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data, or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

Provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the sub clauses above or any other claims for direct financial loss that are not excluded by any of categories above.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be posted to Property Wiz Ltd @ 85 Woodberry Avenue, Harrow, England, HA2 6AY or sent by email to info@propertywizuk.com.

We may send notice to you at either the e-mail or postal address you provide to us when creating an account, or as specified in the above clause. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Control of data

Our relationship to you and your data depends on the nature of your Property-Wiz account. For simplicity, we shall categorise these as "property manager". A Property Manager is a Property-Wiz user who is using the platform to manage properties, rooms, tenancies and tenants.

A property manager is a customers of Property-Wiz and is bound by terms and conditions. For clarity, and in specific reference to control and ownership of data, in the case of a property manager, Property-Wiz acts as a data processor under GDPR and the property manager remains the data controller.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Last updated on 14 October 2023.