Twindig Home User Account Terms
Welcome to www.twindig.com (our "Site"). Twindig Limited ("we", "us", "our") is really pleased that you have decided to consider creating an account on our Site.
There are two different types of users that can create an account and use our Site. You should identify whether you are:
- an occupier of a property in the UK (such as a homeowner, a tenant or users looking to rent or buy for the first time) (a "Home User"); or
- an organisation that provides services regarding properties in the UK (such as a private landlord, an estate agent, a conveyancer, a kitchen fitter or an architect) (a "Business User").
For the avoidance of doubt, if you own a second home (which you don't rent out to tenants) or a holiday property, you will be considered as a Home User.
These terms and conditions ("Terms") apply to Home Users only.
We recommend that you read these Terms carefully.
Claiming your Twindig
Once you have created an account on our Site, you can claim the Twindig of your property by entering your postcode in the supplied input field and submitting the form. You will then be presented with a list of properties and asked to select your home to claim.
If multiple persons have an ownership interest in your property (i.e. co-ownership or joint tenants/tenants in common) ("Interested Persons"), then only one of the Interested Persons can claim the Twindig.
You are responsible for ensuring that all other Interested Persons are aware of you claiming the Twindig and that they are happy for you to do so before you claim the Twindig. We recommend that you provide them with a copy of these Terms and direct them to our Site if they have any further questions.
Please note, you should only claim the Twindig of a property that you currently occupy or own and not any other property. Claiming the Twindig of any property that you don't have a legal interest in is a fraudulent act and a breach of these Terms and we reserve the right to suspend or delete your account if we reasonably believe that you have done so.
If you are a tenant of a property and you claim the Twindig as a Home User, your landlord can choose to be noted on the Twindig as a Business User. In this case, the Business User will have final control of all Content (as defined below) posted on the Twindig.
Verifying your Twindig
We may ask you to verify that you have a right to claim ownership of a Twindig (i.e. that you live in or own the property).
We may ask for verification once you have made an initial claim to a Twindig, or where we receive information from third party sources (such as Land Registry) that a property has been sold.
To verify your right to claim your Twindig we may ask you for supporting documents.
If you are unable to verify your right to claim ownership of a Twindig, we reserve the right to:
- suspend your access to the Twindig and/or your account;
- delete your account;
- remove the Twindig from public view;
- delete any data attributable to the Twindig (including in any 'vault');
- permanently remove your right to access and make amendments to the Twindig;
- re-list the Twindig as 'unclaimed'.
If you are concerned that anybody has fraudulently claimed or accessed a Twindig relating to a property that you own or occupy, please contact us immediately at [email protected].
When you first access your Twindig, you will notice that the Twindig already contains some information about the property that we have obtained from publicly available sources. If you want to, you can upload additional information about the property to complete the profile of your Twindig.
Whenever you make use of a feature that allows you to upload content or documents ("Content") to our Site (for example photos, documents, correspondence and other information) you must comply with the terms (specifically the Content standards) set out below.
Please note that we do not moderate, oversee or monitor Content. If you have any concerns about Content that appears on the Site, please contact us at [email protected].
Any views expressed by other users on our Site do not represent our views or values. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our Site.
You promise that your Content will be:
- True, accurate and if opinion, genuinely held.
- Comply with applicable law in the UK and in any country from which it is posted.
You promise that your Content will not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
You also promise that you have the right (including any relevant permissions) to upload all Content.
When we consider that a breach of these Content Standards has occurred, we may take such action as we deem appropriate.
Failure to comply with these Content Standards constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any Content uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
You will be responsible for any loss or damage we suffer as a result of your breach of your promises set out above. Any Content you upload to our Site via your account will be considered non-confidential and non-proprietary, and you give us (and third parties who require it) a licence to use the Content to the extent required for us (or a third party) to perform our obligations pursuant to our agreement with you and these terms and or the services we (or the third party) are providing to you and to other users.
When you have claimed a Twindig, you can upload Content to the Twindig regarding the property which other users can see when viewing your Twindig ("Public Content"). This may include an updated description of your property, photos of your property, or providing a recommendation for a Business User for the work they have carried out.
We ask that you don't upload any photos including people (including those which contain pictures of people hung up in your home) without their prior consent. By uploading any photos which include people, you are confirming to us that you have obtained their consent for the photo to be uploaded to Twindig.
Any Public Content will be linked to your Twindig, which means that if you move house, the Public Contract will remain with the Twindig (and therefore be controlled by the new occupier/owner that claims the Twindig). If this causes you any concern, we recommend that you delete any Public Content that you wish to remove prior to moving.
When you have claimed a Twindig, you will also be able to upload Content to your private 'vault' ("Private Content"). Your 'vault' will be linked to a Twindig and is the perfect place for you to store all your private documents relating to your property (such as title deeds, mortgage documentation, property warranty information, survey results ,insurance quotes and documentation etc.)
Nobody will be able to see your Private Content apart from you or any other Business User that you permit to see your Private Content.
When you upload Private Content you will be able to determine whether the Private Content is non-transferable (i.e. won't be available to a new owner/occupier if you move) or transferable (i.e. the new owner occupier will have access to this information as it will stay with the Twindig when you move). If you choose to upload certain information, such as fuel usage, this will automatically be deemed to be transferable Private Content. Don't worry, we will always let you know if this is the case.
You will be able to provide copies of Private Content to Business Users at any time by inviting them to connect with you. If you invite a business that is not yet a Business User they will first need to be accepted by Twindig. Once the Business User accepts your invite you will be able to share your Private Content with them.
If you move home, you can take a full copy of your 'vault' from one Twindig to another. The new owner/occupier that claims the Twindig will only have access to the information that you have marked as transferable. This means that you can keep an archive of the documentation of previous properties for your own personal records on our Site, just in case you ever need them.
We hope that the use of the 'vault' will be useful, however please note it is not a substitute to you keeping original copies of the documents that you upload. Please ensure that you keep these safe at all time.
Your Account and Passwords
Your account, account details and password are private. Please keep them private and safe and do not share this information with anyone else or let anyone else use your account. If you think someone else is using your account please contact us at [email protected] immediately.
You are responsible for anything that happens through use of your account unless and until you inform us that your account has been compromised or that your password/user name are lost. You cannot transfer our agreement to another person (by selling, giving your account or allowing another to use your account).
We give you permission to use and access the account you create and the Service, however, your account belongs to us. We may end your use of the Service and/or delete your account at any time if it has been inactive for 24 months or for the reasons set out below at 'Ending Your use of the Service'.
Processing your Personal Data
We will only process your personal data in accordance with our www.twindig.com/privacy-policy.
Ending Your Use of The Service
If at any time you do not feel that you can agree to our terms or you are not happy with the Service, you must stop using the Service and email us at [email protected] to close your account.
If your use of the Service is ended, we may delete or modify your account information. We may communicate with you a time defined window in which to access your information (including any Content) for your own record keeping purposes .
We may end your use of the Service on providing you with at least 30 days’ notice for any reason.
We decide whether there has been a breach of our Terms. If, in our view a breach has occurred, we may:
- immediately, temporarily or permanently withdraw your right to use the Service;
- immediately, temporarily or permanently remove any information, data or content uploaded by you or related to your account or your Twindig;
- immediately, temporarily or permanently withdraw your right to access the Site;
- issue you with a warning;
- bring legal proceedings against you; or
- disclose such information to regulatory or law enforcement authorities as we reasonably feel is necessary.
Our Liability to You
We cannot be liable (and make no promises or statements) about the content that is accessed through the Service. You agree that your use our Service is at your own risk and that the content may have inaccuracies, errors or be out of date.
The Service is provided on an “as is” basis and we have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with your use of the Service. We can’t accept any responsibility for any failures, loss or damage resulting from your use of the Service except as set out below.
All promises, representations, conditions and all other terms of any kind whatsoever implied by statute or common law (except any consumer terms that that are not capable of exclusion), to the fullest extent permitted by applicable law, excluded from our agreement with you.
Nothing in these terms shall limit or exclude liability for death or personal injury resulting from our negligence, fraud or any other liability that cannot be excluded or limited by English Law.
Our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) arising out of or in connection with the performance of its obligations under these terms in respect of any one or more incidents or occurrences shall be limited to £100.
Sometimes Things Don’t Work
We cannot guarantee that the Service will always be available. Due to the nature of the Internet and technology, we can’t promise that Service will be uninterrupted, up to date, error-free, virus free or meet your expectations. We can’t accept any responsibility for any failures, loss or damage resulting from your use of the Service. We can’t accept responsibility or liability where our efforts to meet our obligations, the Site or the Service are prevented by events or acts outside our reasonable control.
We own (or are the licensee of) all intellectual property rights in the Service (i.e. text, logos, trade marks, graphics and program code) unless otherwise stated. We reserve all our rights in relation to the Service and its contents. We may transfer our rights and obligations to anyone without your permission.
To be clear, we don’t own the user generated Content provided by you, other Home Users and Business Users and third parties. When you or third parties are uploading Content you confirm that you own that content or have permission to upload it, and you give us a worldwide licence (including the right to sub-licence) to the extent required for us to perform our obligations pursuant to our agreement with you and these terms and or the services we are providing to you.
Our agreement is with you and no other third parties are able to enforce the rights under our agreement.
Changes to the Service and to these Terms
We may change the Service to prevent a security risk or if required by law or regulation. Sometimes we might want to improve it to make it better for you or add or remove features to improve your experience in using our Service.
We may also make non-material change to these Terms from time to time, in particular when we are adding or removing functionality and features of the Services. So please make sure that you check these Terms every now and again to see if anything has changed.
If we make a material change to these Terms, we will update you by email.
These Terms were last updated on 26/06/2020.
Twindig Limited is a company registered in England and Wales, with company registration number 12346700. Our registered office is at C/O Prydis Senate Court, Southernhay Gardens, Exeter, Devon, England, EX1 1NT.
As we are based in England, English law will apply to all disputes and the interpretation of our agreement with you. The English courts will have exclusive jurisdiction.