Terms Of Service

When you use Stairpay, these terms (“Terms”) apply and constitute an agreement between Pluto Labs Ltd (“Pluto”, “we”, “us” and “our”) and you as a user of our Service (“you”) regarding the service described below (the “Service”). Each time you use the Service, you will be required to accept the current version of the Terms. Do not use the Service if you do not want to be bound by these Terms. These Terms do not apply to Pluto's payment options. If you choose to pay with one of Pluto's payment options, there are additional Terms that apply specifically to the payment.

1. Description of the Service

Pluto offers different functions to simplify the purchase of equity in Shared Ownership properties, also known as staircasing.

The Service includes the following functions:

1. Pluto User account
2. The Pluto App

1.1 Pluto User Account

When you sign up to the Service we will create a user account for you, to give you the full potential of all the functions in the Service (“Pluto User Account”).

1.2 The Pluto App

The Pluto App is an application accessible via your mobile phone or the web portal in your browser and is your assistant to staircasing. By using the Pluto App you can pay for your purchases, track your ownership, access mortgage support and many more things. Some of these features are activated by downloading the Pluto App or logging in at the web portal, while others can be activated by you after login.

By using the Pluto App to make payments for the purchase of equity in Shared Ownership properties (a “Purchase”), you give us authority to conclude that Purchase on your behalf, including to act as your agent to bind you to that Purchase.

We save information about your purchases and transactions in the Pluto App. As a part of the Service provided under these Terms, Pluto enables you to see information about your purchases and transactions in the Pluto App.

If you want to learn more about how Pluto uses this information, and other information we have about you, please see our Privacy Notice. The Pluto App is available through third-party distribution platforms (“Application Stores”). You may require prior registration with the relevant Application Store. Pluto has no influence on the collection, processing and use of personal data by the respective Application Store operators.

2. Are there any costs for the Service?

Pluto grants you a non-exclusive, non-transferable, non-sublicensable right to use the Service. The Service described in these Terms is free of charge. If you use one of Pluto's payment options, different terms and conditions apply and interest and fees may be charged. So make sure to check the information provided for the payment method you have chosen.

You may use the Pluto app to instruct us to list your share of a property (your Share) on an online real estate property portal (such as ShareToBuy.com). If we accept that instruction, then we will list your Share on our account and seek to introduce prospective buyers. Where that listing results in a sale of your Share, you must pay our success fee of £500 (five hundred pounds).

3. Changes of the Service and Terms

We may make changes to these Terms from time to time, for example in case of updates of the Pluto App. We will give you 30 days advance notice of such change. If you do not agree to the changes, you may contact Customer Service to terminate this Agreement. More information on how to terminate this Agreement can be found under section “Duration and termination of this Agreement” below.

4. Privacy and your personal data

How Pluto processes your personal data when we provide our services is described in our Privacy Policy. There you can also find more information about your rights regarding your personal data, as well as how you can contact us if you have any questions.

5. Your obligations

When using the Service, you should always provide correct information and use your real identity. Using information that does not belong to you, or that you are otherwise not authorised to use, or using the Service in a manner that does not comply with these Terms, will be considered a misuse. You may not use the Service in a way that violates any applicable law, rule or regulation. You may not use any software or device that is intended to disturb the Service or to extract other persons’ personal data or other data.

If you upload, share or import content to Pluto, like images, texts, nicknames, or other content, you grant Pluto a royalty-free right to use and display the content for the purposes of delivering the Service. You acknowledge that by sharing content you make it publicly available, which means that information about you becomes available to others, and may be used and shared further by other individuals. You may only upload, publish or share content which you have the right to use, and which does not violate law or other regulations, these Terms or third party rights.

We have the right to remove any content uploaded or shared by you if we are required to do so by law, or believe it is offensive, unlawful, violating the rights of others, or otherwise objectionable. You are liable for any content uploaded, published or shared by you. You agree to not upload, publish or share content which is unlawful, fraudulent, abusive, threatening, violates the rights of others, offensive or criminal (such as agitation against ethnical groups, child pornography or unlawful depictions of violence) or ; transmitting content that contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming; distributing unsolicited advertising (spam) or any other form of harassment.

Pluto reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content for the reasons mentioned above. You acknowledge and agree that if you upload, import or share content that is abusive, threatening or offensive, or violates, or Pluto may reasonably assume to violate, any law or your agreement with Pluto, we may terminate or deactivate your use of the Service.

You are solely responsible for your uploading, publication and sharing of content, and agree to indemnify and hold Pluto harmless from damages, loss or costs incurred by your uploading, publication or sharing of content, including in connection to third party claims against Pluto.

To the extent you cause processing of information about you by us, e.g. by uploading, publishing or sharing data in the Pluto App, about you indicating political or philosophical beliefs, trade union membership, data concerning health or sex life, etc. (so-called special categories of personal data in accordance with the Data Protection Act 2018 and EU Regulation 2016/679 (the “GDPR”)), you give your explicit consent to us processing that data to perform our Service.

You may not attempt to reverse engineer, decompile, alter or modify any part of the Loyalty Cards Service, or otherwise attempt to derive the source code or algorithms of the Loyalty Cards Service.

6. Login and security

You must keep your Pluto User Account login details safe and secure. The Service may only be used by you as the Pluto User Account holder and not by anyone else. You may not make purchases on behalf of others using the Service or your Pluto User Account. You may not grant access to the Service or your Pluto User Account to anyone else for any purpose. Any access by others shall be deemed an unauthorised access of your Pluto User Account. Any data related to misuse or suspected misuse may be retained and used for future risk assessment. Pluto also reserves the right to terminate or deactivate your use of the Service.

Once logged in you may be kept logged in until you actively log out or, until you have been inactive for 1 hour, in which case you will be automatically logged out. To avoid unauthorised use of the Service on your behalf or unintended disclosure of your personal data, make sure only you have access to your login details and that you always log out from your Pluto User Account if you leave the computer or device unattended. You are responsible for any unauthorised use of your Pluto User Account or unintended disclosure of your personal data due to loss of login details or leaving your computer or device unattended.

If at any time you wish to terminate your Pluto User Account, you can make a request by contacting our Customer Service. Alternatively, you can simply cease using your Pluto User Account. If you terminate your Pluto User Account by contacting Customer Service or if we terminate your Pluto User Account then we will forfeit all of your unused Points at the date of termination.

7. General

If there is a conflict in these Terms with any other terms whatsoever attached to any other advertising material in respect of the Services, these conditions will take precedence.

Any personal information supplied in connection with the Services will be used, shared and retained as set out in the Privacy Notice.

8. Services from other companies

Some features you have the option to use may include services provided by companies other than Pluto, such as payment services, property valuations and mortgage offers. When you use features that rely on services from other companies, you authorise Pluto to utilise those services on your behalf.

9. Duration and termination

This Agreement is for an indefinite period of time and continues in force until it is terminated by you or Pluto.

You may request to terminate this Agreement at any time, for any reason, by contacting us directly. Pluto will terminate your access to the App provided that all amounts owed to us by you (including late fees) have been paid in full, and no disputes and/or refunds are in progress.

You will remain liable for all outstanding amounts that you owe to Pluto (including late fees) even after this Agreement has been terminated (by you or Pluto). In that scenario, we will provide information to you on how to make payments to us.

Pluto may at any time suspend, limit your access to our Services and/or terminate this Agreement because you have not complied with this Agreement, or where we reasonably consider it necessary to comply with our legal obligations, for example:

• For the prevention of fraud;
• To limit the risk of money laundering and/or terrorism financing;
• To protect us against any legal or regulatory risks;
• When we reasonably suspect, or are aware, (i) that you have breached this Agreement in a material respect or (ii) of fraudulent or abusive use by you or a third party including the use of robot, spider, crawler, scraper, or other automated means or interface to access the Pluto App or extract other users’ information;
• When we otherwise reasonably consider your activity associated with the Pluto User Account to be in breach of the law; or When and to the extent necessary due to technical reasons, including when necessary to ensure the security of communication channels, equipment or information.

Pluto will give you five business days’ advance notice of any suspension, limitation or termination, but sometimes Pluto will not be permitted to tell you by law or as a result of a court, regulatory or public authority order or where it will prejudice any investigation.

If Pluto cannot provide the Service for any reason or ceases to provide the Service, Pluto may terminate this Agreement by providing no less than five business days’ written notice. Such notice will be provided to the email address registered to the relevant Pluto User Account.

10. No right of withdrawal (“the right to change your mind”)

By entering into this agreement, you agree that the Service will commence and thereby agree that there is no right of withdrawal.

11. Limitation of liability

Pluto and our affiliates have no liability for your use of the Service or for any product that you purchase by using our Service. This means, for example, that we have no obligation to compensate you for any direct or indirect damage, including loss of profit or claims from other parties. Information that you receive from us will not create any warranty or guarantee from us.

Product specifications and other information have either been made accessible by suppliers, publications, publicists or been gathered from public-domain sources. The intention of Pluto is that all information on the website should be as accurate and up-to-date as possible. However, Pluto cannot guarantee the reliability or the accuracy of the information contained within its pages.

We urge our users to conduct their own research prior to staircasing via our service to ensure the accuracy of the prices. All the actions taken by the user of the website are the responsibility of the individual. Pluto cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.

If you want to report an error or have any questions please contact Pluto at the address listed below. Registered Providers of Shared Ownership listed on the Pluto site are independent third parties and Pluto is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any Registered Provider you contact through this site is solely between You and the Registered Provider. You agree not to hold Pluto liable for any loss or damage of any sort incurred as the result of any business conducted with our Registered Providers or as the result of the content provided by such merchants through the Site.

Pluto has no warranty, compensation, maintenance, support or availability obligations for the Services. Except to the extent that liability cannot be excluded or limited as a matter of law, Pluto accepts no responsibility or liability for (a) Pluto User Accounts which are created using incorrect or inaccurate information; (b) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications, line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers used in any aspect of the operation of the Services; (c) inaccessibility or unavailability of any network or wireless service, the Internet and/or any website; (d) any injury or damage to any person’s computer(s) or mobile device(s) which may be related to or result from any attempt to use the Services; or (e) any matter outside of its reasonable control.

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; for fraud or fraudulent misrepresentation; or any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12. Electronic communication

By accepting these Terms and/or using our Service, you agree that Pluto may provide all communications, payment information, terms and conditions, information we are required to provide by law, all communications regarding any complaints and other information to you electronically to the email address you have provided to us.

Keep your contact information up to date

It is your responsibility to ensure that Pluto has your current email address and mobile phone number, so that we can communicate with you electronically. If you need to update your primary email address, please contact Customer Service to make the change.

Questions

If you have questions about how we communicate with you, or electronic communications in general, please contact our Customer Service.

13. Assignment or transfer

You agree that we may assign to any person or entity any of our rights under the agreement to which these Terms apply. Such assignment of our rights will not in any manner inhibit your statutory (consumer) rights.

You may not transfer or assign any rights or obligations you have under these terms. To the extent not otherwise already permitted by applicable law, we may transfer or assign these terms or any right or obligation under these terms at any time provided that such transfer does not alter your rights and obligations under these terms to your detriment.

14. About Pluto

Pluto Labs Ltd, (contact details at https://www.withpluto.com), is registered on Companies House in England & Wales under company number 14018444.

15. Customer service and complaints

For complaints, the information provided on https://www.withpluto.com applies. By using our Service you agree that Pluto provides all communication regarding complaints electronically. If you have a complaint towards Pluto, you can let us know by emailing us at hello@withpluto.com

16. Governing Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

17. Language

These Terms are only available in English. No other languages will apply to these Terms.