Rent Collector App End User Licence Agreement And Terms Of Use

EAST LOTHIAN HOUSING ASSOCIATION (“ELHA”)

RENT COLLECTOR APP END USER LICENCE AGREEMENT AND TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

BY DOWNLOADING, SUBSCRIBING TO, OR USING THIS APP YOU AGREE TO THESE TERMS AND CONFIRM YOU ARE CURRENTLY A TENANT OF EAST LOTHIAN HOUSING ASSOCIATION. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD, SUBSCRIBE TO, OR USE THIS APP.

YOU WILL NEED A “MY HOME” ACCOUNT WITH ELHA TO USE THIS APP.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

"We", “ELHA”, "us" or “our” means East Lothian Housing Association Limited, a Scottish charity and registered social landlord under the Housing (Scotland) Act 2001 (Scottish Charity No. SC028900) and registered under the Co-operative and Community Benefit Societies Act 2014 with registered number 2266R(S), whose registered office is at 18-20 Market Street, Haddington, East Lothian EH41 3JL.

This agreement (“Agreement”) sets out the terms and conditions under which we will license you to use our “Rent Collector” mobile application software (the “App”) and any updates or supplements to it.

WHAT OUR APP DOES

Our App allows tenants of ELHA who have a “My Home” account to view their own Bank balance and then use Open Banking to pay their rent to us.

YOUR PRIVACY

We only use any personal data we collect through your use of the App, and any personal data that we process more broadly about you as our tenant, in the ways set out in the applicable sections of our privacy notices:

Read our Privacy Policy

Your “My Home” login and account details are stored on the App. Our App collects and shares data with ELHA’s “My Home” service for the purposes of displaying your tenancy account information, rental statements, to communicate with you to issue reminders, collect rent and related payments, manage your rent account and to allow you to instruct your own Bank to make a rental payment to us.

Our App uses the “Open Banking” system. ELHA is a Registered Account Information Service Provider registered with the UK Financial Conduct Authority (“FCA”), (Firm Reference Number 925581) and our activities are regulated by the FCA under the Account Information Services under the Payment Services Regulations 2017. You can link your bank account with our App. The account linking process is done outside our App, directly with your Bank and at no point do we have access to any bank user identifier, password or PIN number Once you have set up and linked your Bank account details to our App, our App connects to, and displays live information via, the banking app on your mobile device via TrueLayer, a Third Party Provider (“TPP”) approved by the FCA. Your Bank account information displayed on our App is never stored on our App or our servers.

When you connect to the TPP’s service, the TPP’s own terms and conditions and privacy policy will apply. Please see the note about the TPP’s services in the Appendix at the end of this document.

When you connect to your banking app, your Bank’s terms and conditions and privacy policy will apply.

We use Azure AD B2C to enable our App and service to work. This provides the sign-up, sign-in, change password functionality for our App. This does use some cookies which cannot be disabled and are necessary for operation of our service, but they are not for tracking or marketing. For more information see: https://docs.microsoft.com/en-us/azure/active-directory-b2c/cookie-definitions

ACCEPTING THESE TERMS AND USE OF THE APP

You must be 16 or over and a tenant of ELHA to accept these terms and subscribe to the App.

You must also have a “My Home” account and password to access and use the App.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email the ELHA “Rent Collector App” team at enquiries@elha.com or call us on 01620 825032.

How we will communicate with you. If we make changes to the App we will let you know by email using the email address you have provided to us, on screen when you open the App, or by push notification, which can be switched off at any time. If we need to communicate with you for other reasons (such as to help you manage your account with us) we will do so in the same way..

We recommend you keep Push Notifications turned on. Please note that if you turn push notifications off then that may cause difficulties with some of the features of the App and it may not function as well as it should (for example, we may use push notifications to tell you that we have received a payment, to inform you that Universal Credit has been received, or to remind you that your rent is due). If you turn push notifications off you will not receive this kind of information via the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you notice of any change by notifying you when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App.

UPDATES TO THE APP

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device the App runs on.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App, you agree to us collecting and using technical information about the devices you use the App on to improve our products. We also collect anonymous device identifiers to enable push notifications and we store information about push notifications for the purpose of providing support and improving our service.

WE ARE NOT RESPONSIBLE FOR THIRD PARY WEBSITES, APPS OR OTHER SERVICES YOU LINK TO

The App contains links to other independent apps, services or websites, such as the TPP or your Bank’s banking app that you have installed on your device. Such independent apps, services or websites are not under our control, and we are not responsible for and have not checked and approved their content, terms of use or their privacy policies (if any).

LICENCE RESTRICTIONS

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (each a “Permitted Objective”), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective.

ACCEPTABLE USE RESTRICTIONS

You must:

not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data or code, into the App or any operating system;
not use the App to view or access any Bank accounts that you do not have lawful access to, or to make or take fraudulent payments via the App;
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or the systems or security of any TPP or Bank.

If you use our App in any way that may constitute or facilitate a criminal offence under the Computer Misuse Act 1990 we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the contents of the App throughout the world belong to us (or our licensors) and the rights in the contents of the App is licensed (not sold) to you. You have no intellectual property rights in, or to, the contents of the App other than the right to use them in accordance with these terms.

We are the owner of UK registered Trade Mark UK00003312848 for our “Rent Collector” brand and we have registered trade marks our instant payment and regular payment brands and logos - UK00003474267 and, UK00003525890. UK00003474270 and UK00003525885; and for our “EZPAY” brand UK00003795715, UK00003795727, UK00003844706 and UK00003848172.

All rights not expressly granted to you under this Agreement are reserved to us (or our licensors).

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

“My Home” account terms and conditions apply. It is your responsibility to keep your “My Home” username and/or password in order to use certain facilities and/or functions available on this App confidential and to refrain from disclosing such to any other party and/or allowing any other party to use such username and/or password. If you become aware of any party making use or becoming aware of your username and/or password you must change your password and notify us that your account may have been used by an unauthorised person. All activities on this App that occur under and/or through use of your username and/or password are your responsibility.

We have the right to disable any user username and/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 this Agreement.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The Banking information and account details displayed on the App are drawn from your Bank via the relevant banking app on your device. We are not responsible for the accuracy or completeness of that information.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant app store site or website) meet your requirements.

We are not responsible for events outside our control. If support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

WE MAY END YOUR RIGHTS TO USE THIS APP IF YOU BREAK THESE TERMS

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way or have attempted to compromise its security. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

You must stop all activities authorised by these terms, including your use of the App; and
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.
We may suspend or terminate your “My Home” account.
You may lose your entitlement to rental discounts under our Key Tenant Scheme

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 if this happens and we will ensure that the transfer will not affect your rights under the contract.

WE MAY END YOUR RIGHTS TO USE THIS APP IF WE DISCONTINUE THE APP

We may end your rights to use the App at any time by contacting you if we decide to discontinue the App.

NO RIGHTS FOR THIRD PARTIES

This Agreement does not give rise to any rights to any person other than to you or us. In particular, this Agreement does not give any rights to any third person under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of this Agreement 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.

EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Scots law and you can bring legal proceedings in respect of the App in the Scottish courts.

Appendix

OUR THIRD PARTY PROVIDER -TRUELAYER

Payments from your account

We use a tool provided by TrueLayer Limited (www.truelayer.com) (“TrueLayer”) to initiate payments from your payment account. When you instruct a payment via our app using TrueLayer, TrueLayer's terms of service (“Terms of Service”) will apply to the payment initiation. The Terms of Service set out the terms on which you agree to TrueLayer initiating payment from your payment account.

TrueLayer is subject to UK and EU data protection laws and is required to treat your data in accordance with those laws, as well as the Terms of Service and TrueLayer’s Privacy Policy.

TrueLayer is authorised by the UK Financial Conduct Authority under the Payment Services Regulations 2017 to provide account information services and payment initiation services (Firm Reference Number: 901096).

Account Information Services

We use a tool provided by TrueLayer Limited (www.truelayer.com) (“TrueLayer”) that allows you to send information on your payment accounts to us and other service providers.

In order to use our services, you will be asked to agree to their Terms of Service and enter your payment account details with TrueLayer or, for Open Banking connections,you will be redirected to your bank by TrueLayer in order to authenticate yourself. The Terms of Service set out the terms on which you agree to TrueLayer accessing information on your payment accounts for the purposes of transmitting that information to us.