PRESTIGEPROPERTYINVESTMENTS.CO.UK - "GENERAL TERMS AND CONDITIONS"

Trading with prestigeproprtyinvestments.co.uk Limited is subject to these Terms and Conditions. References to "we", "us" and "our" are references to prestigepropertyinvestments.co.uk Limited. 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, email, telephone, face-to-face contact, postal correspondence or via our web site www.prestigepropertyinvestments.co.uk or any other prestigepropertyinvestment.co.uk sub domain or related website operated by the group prestigepropertyinvestmnet.co.uk companies.

Information Provided by Us

Prestige Property Investments provide details about investment opportunities, in the form of, but not limited to market research, statistics, forecasts, reports, herein referred to as "Information". We provide Information obtained from a number of third party sources including developers, valuers, estate agents and letting agents. 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.

Your Registration With Us

The details that you provide at registration are important and must be complete and correct. You must immediately inform us of any changes to your information by sending an email to info@prestigepropertyinvestments.co.uk or telephoning us on 0800 1234567. 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.

Your Participation in Investment Opportunities

We will offer you opportunities for investment, by using email, our web sites, post, telephone, or other appropriate means. 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'.

Investors are advised to carry out their own analysis and judgment of the investment being offered and to independently verify the Information and our speculative analysis through your own research. You are advised to carry out an independent legal and financial assessment of any opportunity offered to you, before making any commitment to participate. 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.

Prestigepropertyinvestments.co.uk Limited is not a mortgage broker and any reference to mortgage products, terms and rates are for example purposes only and may not be construed as an offer or a fundamental component of the investment opportunity that we are offering. Please seek financial advice from a mortgage broker who can confirm the current availability of mortgage products and their terms. Any indication of a cash investment required for a property is purely an example and could vary significantly per investor or over time.

Valuation information provided by us from sources like Land Registry, Rightmove and other property price and rental data sources are provided 'as is' and for information purposes only. RICS valuations carried out by us or on our behalf or via third parties are provided to you for information purposes and valuation opinions can vary between valuers and between dates. We cannot take responsibility for a valuer changing their opinion over time or a different valuer providing a different opinion.

'Exclusive Membership'

The 'Exclusive Membership' fee is annual and currently £150. Prestigepropertyinvestment.co.uk Limited may change the Membership fee at any time, but changes will apply only to new Memberships. The 'Exclusive Membership' fee is non-refundable.

The initial term of an 'Exclusive Membership' shall commence on the date it is purchased and continue until one year from the last day of the calendar month in which the Membership was purchased.

Advisory Fees for Property

Fees for participation in investment opportunities introduced to you by us, may vary per opportunity, but will always be disclosed to you before you commit to participate in any such opportunity by way of a reservation. All investment opportunities are available on a strictly 'first come, first served' basis. To reserve a property, our advisory fee, is payable immediately upon the day of reservation. The Reservation Fee will not be refundable in any circumstances when the Investor cannot complete their purchase, or their purchase is delayed, because the Investor is unable to obtain a mortgage, is refused a mortgage or has a mortgage withdrawn. Should an investor be relying on obtaining mortgage finance the Investor must satisfy all their lenders terms and conditions. This includes Investor's being able to prove their income and deposit, and that the source of their deposit is acceptable to their lender. Reservation fees will not be refundable in any circumstances when Investors are refused a mortgage or have their mortgage withdrawn because they are unable to satisfy these terms and conditions of their mortgage provider. The Reservation Fee will not be refundable in any circumstances should the Investor take an unreasonable length of time to complete their purchase thereby putting the purchase at risk. Prestige Property Investments at its sole discretion may cancel an Investors purchase in these circumstances and Prestige Property Investments will not be liable for any losses or costs incurred by the Investor in such a case.

If the sale is aborted through no fault of the Investor, Prestige Property Investments may refund the Reservation Fee (less any fees incurred such as solicitor fees, valuation fees and broker fees) or transfer the investor to another Property Deal with the agreement of the investor. Prestige Property Investments will not be liable for any losses or costs incurred by the Investor in such a case. Prestige Property Investments will not be liable for, and will not refund, any legal fees, valuations fees and other fees that may have been paid by Investors, or by Prestige Property Investments on behalf of the Investors from their Reservation Fees.

In the event that pursuant to these terms and conditions Prestige Property Investments refunds the Reservation Fee to the Investor it will do so after the Investor delivering a written request for such refund and before doing so it will be entitled to deduct from the sum to be refunded all costs charges and fees (howsoever arising) it has paid out of the Reservation Fee on behalf of the Investor and pay the balance to the Investor.

The deposit to exchange is payable to a solicitor who will hold the monies until such time as legal ownership of the property is transferred to you (usually on exchange of contracts). This system aims to protect both you, and us. 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

If you, without notifying us, and within one year of the date an opportunity was originally introduced to you by us? Engage in any capacity directly with a supplier or developer originally introduced to you by us,? Or engage with the supplier or developer over new opportunities,? Or if you or a member of your family or someone else known to you refers an opportunity introduced to you by us to another person, or body and that person or body engages in any capacity directly with the supplier or developer of the opportunity,Then you will be liable to pay our fee at the prevailing rate.

Selling Your Property

Prestige Property Investments can help you achieve a quick sale by providing you with a purchaser that is in a position to proceed immediately. The seller will sign a contract confirming the offer they are happy to accept from their purchaser, this offer is subject to a RICS Valuation. The seller will have the offer confirmed in writing stating that it is subject to a RICS Valuation. Prestige Property Investment advise that careful consideration is given and if in any doubt, seek further advice from your solicitor or citizens advice who will give you independent advice.

Third Parties Recommended to You by Us

We will endeavour to recommend solicitors, mortgage brokers, furniture suppliers, and estate agents or other third parties ("Third Party" or "Third Parties") of good caliber, who offer a service or product deemed to be of good quality and reasonable cost. However, we make no warranties or representations as to the reliability of the services provided by Third Parties and assume no responsibility or liability for their actions, omissions or errors. If you make any arrangements with a Third Party found on or via our web site 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 endeavors 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

Confidential Information means all information relating to current or prospective investment opportunities, our customers and prospective customers, current or projected financial or trading situations, business plans, business strategies, developments and all other information relating to our business affairs including any Information of a confidential nature imparted by us to you during the use of our Services.

You undertake to us that in consideration of us making such information available to you:

All Confidential Information disclosed to you by or on behalf of us or which may at any time come into your knowledge, possession or control, shall be kept secret and confidential and shall not be used for any purpose other than that required or permitted for the use of our Services, and shall not be disclosed to any third party except insofar as this may be required for the proper use of our Services and then only under appropriate confidentiality provisions approved by us.
You shall promptly notify us if any Confidential Information is required by law to be disclosed by you or any other person receiving it under or pursuant to these Terms and shall co-operate with us regarding the manner of such disclosure (but without prejudice to any obligation to comply with any legal requirement).

Liability

You agree and acknowledge that to the extent permitted by law, and in view of the numerous sources from which we obtain the Information, the impracticality of verifying the sources. We are not authorized by the Financial Services Authority to provide investment or financial advice. By signing reservation forms and/ or Finders Fee agreements you acknowledge that we have not provided you with financial advice.

We are providing Information "as is", on a "with all faults" basis and we make no representations or warranties of any kind with respect to:

The web site and content contained on the web site
The truth, accuracy, or completeness of any Information distributed to you by us, by any means
The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the web site;We are not responsible for your ability to use the web site or that it will be available in its current or any other format. We have no control over the Information that can be accessed through, downloaded from or uploaded to the web site. We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the web site. 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 web site 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.

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 web site 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.

Suspension or Cancellation of Service

We reserve the right to cancel your access to our Services any time. We may suspend, restrict, reduce or cancel your access immediately if you breach or appear likely to breach any of these terms. You may cancel your registration at any time by writing to us, or emailing us. Upon cancellation you will become liable to pay any outstanding fees, monies or costs owed to us immediately.

Amendments to these Terms

We reserve the right to change these Terms at any time. We will give you 7 days notice by posting notice on the web site and sending you either postal notification or an email. If you do not want to accept any new terms you must inform us immediately of your intention by writing or emailing us, otherwise you will be deemed to have accepted such new terms.

Invalidity

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

Waiver

No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Entire Agreement

These Terms constitute the entire agreement between you and us, supersede any previous agreement or understanding and may not be varied except in writing between us. All other Terms and Conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

Data Protection

We will respect your personal information and comply with all applicable UK Data Protection legislation and rules currently in force. We will use any information provided by you to us to constantly monitor and improve our services to you and for marketing purposes. We may also use such information to send specific correspondence, which, in our opinion, may be of interest to you.

Third Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, but this does not affect any remedy or right of any third party, which exists or is available apart from that Act.
Laws ApplicableThese Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.

Legal Advice

Prestige property investments Ltd only use solicitors who are approved and regulated by the Law Society. Solicitors ensure that your interests are put first and that you are protected as their client. You can always seek legal independent advice before signing any agreement.

Laws Applicable

These Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.