Last updated: 23/10/2018

TOMSCRM Terms & Conditions

The Real Estate Desktop

THIS END USER CRM LICENCE AGREEMENT (License) is between you (Licensee or you) and VISIONFDS (Licensor, us or we) for use of tomscrm.com, associated CRM components, the data supplied with the CRM, associated media including any updates, improvements and new versions which may be made by us from time to time and printed materials and / or electronic documentation (Documentation). This License constitutes a contract between you (including your agents) and us and governs your use of and access to the CRM, and website (tomscrm.com and all sub-domains) We license use of the CRM and Documentation to you on the basis of this License. We do not sell the CRM and Documentation to you. We remain the owners of the CRM and Documentation at all times. The number and type of Licenses granted to you are set out during registration. If you do not agree to the terms of this License, we will not license the CRM and Documentation to you and you must discontinue use immediately.

1.DEFINITION

“Software” means the customer relationship management that can be accessed online through www.tomscrm.com “Data” means electronic data and information submitted by, for, or on behalf of you, a representative of you, or a User to the services excluding content and non-TOMSCRM applications. “Services” means the products and services that are offered to you under a free trial or provided under an Order Form. Services exclude content & applications that are owned or operated by tomscrm.com “Users” means an individual who is authorized and permitted to use a Service, as an owner, operator or authorized employer or individual of a subscribed user, who is subject to terms and conditions hereto. All users will be accessing the tomscrm.com services through an account purchased as a subscription (or in case of any any services provided by us without charge). You are responsible that any party using your account or subscription is aware of and abides by all the provisions to the Terms of Conditions and privacy policy hereto. (You or your means the company or other legal entity).

2.GRANT AND SCOPE OF LICENCE

In consideration of the payment of the Licence fee, we grant to you a non-exclusive, non-transferable licence to use the CRM and Documentation on the terms of this Licence. You may use the CRM for your personal purposes (if you are a consumer) or your business purposes (if you are a business) and use any Documentation in support of the permitted use.

3.RESTRICTIONS

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

Not to copy the CRM or Documentation. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the CRM or Documentation.Not to make any alternations to, or modifications of, the whole or any part of the CRM nor permit the CRM or any part of it to be combined with, or become incorporate in, any other programs. To keep all login accounts to the CRM secure (including regularly updating secure login passwords) and to maintain accurate and up-to-date records of the number and locations of all users and licences using the CRM by yourself or your company. To supervise and control use of the CRM and ensure that the CRM is used only by your employees and representatives in accordance with the terms of this Licence. Under no circumstances should logins be created or shared with any competing real estate Software / CRM provider or any third party company without written consent from the Licensor. Not to modify, adapt, or hack the CRM or otherwise attempt to gain unauthorized access to the CRM or related systems or networks. To only login to the CRM using your own valid login credentials and to not login or attempt to login as any other user other than yourself.

4.INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the CRM and the Documentation throughout the world belong to us, that rights in the CRM are licensed (not sold) to you, and that you have no rights in, or to, the CRM or the Documentation other than the right to use them in accordance with the terms of this Licence. You acknowledge that you have no right to have access to the CRM in source code form or in unlocked coding.

5.RESTRICTIONS ON USE

You shall not post, upload, input to, or otherwise transmit through, the CRM any material that: is invasive of privacy, defamatory, obscene or otherwise objectionable. gives rise to civil liability or otherwise violates any law. has not been lawfully obtained. You agree to defend, hold harmless, and indemnify us and our personnel, employees, staff, agents, officers, directors and related parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your breach of clause 5.

6.DATA PRIVACY

Our privacy model is simple: our customer's data belongs to them, and we do whatever we can to protect it -- and nothing is more important to us than ensuring the security of our customers’ data. We advocate for policies that strengthen our ability to keep our customers’ data secure. You may upload information to the www.VisionFDS.com website including, without limitation, property listings, leads, contacts, personal information and information about your company (Content). You acknowledge and agree that we (including our affiliates and other authorized service providers) are entitled to access, modify and reproduce (Process) the Content but only to the extent necessary to provide support services in response to your requests. To the extent the Content includes personal data, you represent that you have the authority to consent on behalf of the relevant individual to the Processing of the Content in the manner contemplated by this Licence. Keeping the Content secure and preventing unauthorized access to the Content is of utmost priority to us, and we take all steps reasonably necessary to protect the Content against any unauthorised access, use, alteration, disclosure or destruction. Whilst we have put in place physical, electronic and managerial procedures to secure and safeguard the Content, we will not be responsible for any unauthorised access by third parties.

7.NO WARRANTY

We expressly disclaim any warranty for the CRM and/or Documentation. The CRM and Documentation is provided as is, and to the extent permitted by law, without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for purpose. We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the CRM and/or Documentation. We make no warranties with respect to harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. You agree that your use of the services on tomscrm.com will be at your sole risk only.

8.ACCEPTANCE

By accessing this tomscrm.com, you signify your agreement to be bound by these Terms of Use.

8.LIMITATION OF LIABILITY

We shall not be liable for any direct and/or indirect damages arising out of your use of the CRM and/or Documentation. We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss or corruption of data or information, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage. We shall not be liable for the content of the CRM and/or Documentation including but not limited to errors, omissions, libel, infringements of rights, privacy and disclosure of confidential information. This License sets out the full extent of our obligations and liabilities in respect of the supply of the CRM and Documentation. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the CRM and Documentation which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. tomscrm.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service for any reason whatsoever. tomscrm.com does not take responsibility for any kind of technical issues or interruptions that limits the user access.

8.TERMINATION

Without prejudice to any other rights, we may terminate this License if you fail to comply with the terms and conditions of this License. End-User should not use any abuse or improper contents or images. End-User or Client may not distribute copies of the tomscrm.com to third parties. End-User or Client may not rent, lease tomscrm.com to any third party.

9.OTHER IMPORTANT TERMS

We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License. You may only transfer your rights or your obligations under this License to another person if we agree in writing. This License constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this License. If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

TOMSCRM Privacy Policy

At TOMSCRM we recognize that privacy is important. This Privacy Policy applies to all services provided by us.

1.Collection of Information

TOMSCRM is committed to protect your privacy. This Statement of Privacy applies to the TOMSCRM software. This statement governs the data collection, processing and usage practices of TOMSCRM. By using the TOMSCRM services platform, you consent to the data practices described in this statement.

When you register on the Website as a customer, update your information, purchase any goods or services, send emails to us, you provide us with information that we store and process. Such information may include your name, address, phone number, email address, and other such 'Personal Information'.

1.Choice

We collect information for our Clients. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. If you are a Client and would like to update your account, please contact us.

2.Accessing and Updating Personal Information

When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.

3.Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

4.Cookies

The TOMSCRM website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

5.Third Party Tracking Technologies

The use of cookies by any tracking utility company is not covered by our privacy statement. We do not have access or control over these third party tracking technologies.

6.Legal Disclaimer

TOMSCRM websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TOMSCRM or the website; (b) protect and defend the rights or property of TOMSCRM (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of TOMSCRM, or the public.

7.Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@tomscrm.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8.Contact Information

TOMSCRM welcomes your comments regarding this Statement of Privacy. If you believe that TOMSCRM has not adhered to this Statement, please contact TOMSCRM at support@tomscrm.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

9.Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time.