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INVESTMENT PROPERTY CLUB - Terms & Conditions References to "we", "us" and "our" are references to Harris Penny Holdings which is the parent company of Harris Penny International Ltd, a company registered under the law of England and whose registered address is Second Floor 14 High Street, Windsor, Berkshire, SL4 1LD (hereinafter referred to as "HPH and/or HPI"). Contact Details The terms "you", "your" and "investor" refer to any individual, company or business (whether registered with us as an investor or not) to whom we provide our Services by any means including, but not limited to, telephone, face-to-face contact, postal correspondence, electronic mail or via our website www.propertynetworksuk.net These Terms and Conditions (the "Terms") shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully. Your attention is in particular drawn to the clause on Liability below. We provide a procurement service for property and property related goods and services in the UK and abroad referred to hereon as the 'Service' or 'Services'. Subscription
If you do not keep
us informed of any changes, we will be unable to keep you fully informed
on current and future development information. Subscription renewals will take place automatically unless cancellation notice is given by the investor two weeks prior to the 6 month running over into the new term. Notice of cancellation must be received in writing either by email to the address given above or by letter at the address above. Telephone notification will not be accepted as valid notification. Personal Data We will use any information provided by you to constantly monitor and improve our services to you and for marketing purposes. We may also use such information to send specific correspondence of which, in our opinion, may be of interest to you. We will not sell, disclose or pass on any personal data to any third party without your prior permission. Services We will contact new members within fourteen (14) days of receiving their subscription for initial introduction and information. Members will then receive a bi-monthly update on Investment Properties and Opportunities as part of their subscription. Premium Members will also have access to a secure part of our web site where information or further Investment Properties and or Opportunities may be viewed at any time. We provide Information obtained from a number of third party sources. Whilst we endeavour to provide accurate, up-to-date and complete Information we make no warranties or representations as to the accuracy, reliability or completeness or otherwise of the Information and assume no responsibility or liability for any omissions or errors contained in the Information. Participation in
Investment Opportunities We will endeavour
to provide you with opportunities of a sound and reliable nature. We will
speculate on the level of investment required, and the potential returns.
This is based on our research and analysis, which may include the advice
and guidance of qualified third parties (such as a RICS registered surveyors,
accountants or solicitors). Due to the speculative nature of such opportunities
the information we provide should be considered our 'opinion'. Please remember that the price and value of any investment and income can go down as well as up. If you make an investment you may get back less than the amount you originally invested. If you are in doubt about any investment decision you should seek the advice of a suitably qualified person. Members will receive the subscription sum fee for six months (£150.00 including VAT) back in full if an Investment Opportunity is purchased through HPI during the subscribed period. This is a one off payment and not each time an Investment Opportunity is purchased. Use of Our Services,
Suppliers and Agents Fees for participation in investment opportunities introduced to you by us, vary per opportunity, but will always be disclosed to you before you commit to participate in any such opportunity. Unless, otherwise agreed in writing by us, all fees will be invoiced to you and are payable within 7/14 days from your commitment to purchase a property usually in the form of a Reservation Fee and Introducers Fee, which are quoted exclusive of VAT. These fees will usually be payable to the developer and HPI/HPH and are non-refundable, unless expressly agreed otherwise in writing by us. Depending on the nature of the Investment Opportunity, there may also be other fees which we will invoice you for in our invoice to you. These may range from appropriate tax fees to mortgage arrangement fees which will be payable to the mortgage broker arranging your mortgage finance. This fee will be clearly advised prior to proceeding with any mortgage funding and will become payable as per the terms of our invoice. We will then pay these fees on your behalf to the appropriate third parties. Any monies paid in relation to the Investment Opportunity itself will be payable directly to the appropriate developer, owner or solicitor as the case may be. This will vary on a case by case basis but we will not receive any such monies nor will we hold any monies as stakeholder for you. We reserve the right to withdraw the opportunity to purchase a property procured by us, if you fail to pay our fees in full and at the appropriate time. Restrictions Third Parties Recommended
to You by Us If you make any arrangements with a Third Party found on or via our website or recommended to you by us, it is at your sole risk and responsibility. Descriptions Of Property, Homes, Buildings, Locations Or Developments Particulars, specifications, pictures and artists impressions of any property, home, building, location or development are given in good faith and believed to be correct, but they do not form part of any offer or solicitation and are intended only as a general guide. We will make reasonable endeavours to ensure that a property will be built in all material respects in accordance with plans and designs as may be revised from time to time and which are available for inspection on the site being developed or in the relevant regional office of the developer. You acknowledge that developers reserve the right to alter plans, designs and specifications at any time without prior notice. We therefore will not be responsible for any such changes. All descriptions are intended only as a general guide and are not to be relied upon by you or other interested parties as a statement or representations of fact but you should satisfy yourself by inspection or otherwise. No warranties or representations are given that the contents of the website or information otherwise distributed will reflect the most recent plans, designs or specification. Confidentiality
You undertake to us
that in consideration of us making such information available to you:
Intellectual Property Liability We are providing Information
"as is", on an "with all faults" basis and we make
no representations or warranties of any kind with respect to: We have no control over the Information that can be accessed through, downloaded from or uploaded to the website. We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the website. We will not be responsible or liable to you or any third party for any Information, modification, suspension of or discontinuance of our Services. It is your decision, where applicable, to use, post, submit, remove or alter information and material to us, or on, to or from the website and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same. We exclude all liability of any kind including invasion of privacy, defamation, or negligence to the extent permitted by law. The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: Any breach of these Terms; or any representation, statement or omission, including negligence arising under or in connection with these Terms; or your access to, or use of, or inability to use our Services whether via the post, telephone, the website or otherwise; or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure or postal errors; or any action or decision taken as a result of using our Services. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation. Subject to the above
two paragraphs: Suspension or Cancellation
of Service You are entitled to a 7 day cooling off period from the date you subscribed to our Service. During this time, you can cancel your subscription at any time by giving us written notice by email or to our address as stated above. You are not entitled to cancel your subscription after this 7 day period. Refund Policy Amendments to these
Terms Invalidity Waiver Entire Agreement
Notices Third Party Rights
Laws Applicable I/we understand that should I wish to become an Investor Member, there will be a membership fee of (£150.00 including vat) which is payable to Harris Penny Holdings Ltd. I/we understand that when reserving a property there is also a non-refundable Reservation fee payable and that if I/we subsequently cancel a reservation I may also have to pay a cancellation fee to HPI. I/we understand that there will be an Arrangement fee for each property (as specified) purchased through HPI, payable within 14 days of the invoice being sent. I/we understand that HPI is not a financial advisor or mortgage broker and is not responsible for my credit standing for mortgage finance. |