This document defines the terms (the “Terms”) that regulate your use of www.realtybundles.eu (the “Website”).
The Website is owned and operated by RealtyBundles CFP Limited, a company registered in England and Wales with company number 10762180 and whose registered office is at: 27, Old Gloucester Street, London, WC1N 3AX, United Kingdom (“CFP”). CFP is an Appointed Representative (reference number 781948), as the term is understood under the rules of the FCA, of MET Facilities LLP (reference number 587084) which is authorised and regulated by the Financial Conduct Authority (“FCA”). CFP is subject to FCA rules when dealing with you.
Any reference to ‘we‘, ‘our‘ or ‘us‘ is a reference to CFP. In addition to the foregoing, “SPV” shall mean any special purpose vehicle incorporated for the purposes of holding properties into which a user of the Website can invest in via the Website; and references to ‘you’ or ‘your’ are references to you, the person reading these Terms (the “User”).
The User and CFP shall each also be known as a “Party”, and collectively as the “Parties”.
By using the Website, you confirm that you accept the terms and conditions of use contained in this document and any page referred to within it and you agree to be bound all. If you do not agree to the Terms, please refrain from using the Website. If you decide to invest via the Website, you do so on the Terms and any other document referenced herein, and by doing so confirm and warrant that you accept the Terms entirely.
1. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Risk Warning (the “Risk Warning”), which you also have to agree to in order and applies in the event you become a registered user of our Website as a result of your desire to start making investments via the Website.
In addition to the above provisions that apply between you and CFP, an agreement (the “Investment Agreement”), will also be executed between you and the SPV you invest in, in the event you become an Investor. For the purposes of these Terms, each and every user of the Website that becomes a registered user of our Website as a result of the user’s desire to start making investments in an SPV via the Website, and to that end agrees to the Investment Agreement, shall be known as an “Investor”
2. WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. These terms were most recently updated on September 1, 2017.
3. WE MAY MAKE CHANGES TO OUR WEBSITE
We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
4. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. OUR WEBSITE IS AVAILABLE IN THE EUROPEAN UNION INCLUDING FOR THE AVOIDANCE OF DOUBT THE UK; AND NOT IN THE UNITED STATES OF AMERICA
Our Website is directed at people residing in the European Union and the EEA, including the United Kingdom, for the avoidance of doubt.
Our Website is not directed to people residing in the United States of America (the “US”), in no event, due to regulatory restrictions. We do not represent that content available on or through our Website is appropriate for use or available in the US.
Persons from a jurisdiction other than a jurisdiction of the European Union or the EEA, and not from the US, may be entitled to use the Website and become an Investor, on a case by case basis, in the discretion of CFP.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your access to our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. DO NOT RELY ON INFORMATION ON THIS WEBSITE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Please refer to our Risk Warning for further details.
9. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Exclusions and limitations:
- 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 and for fraud or fraudulent misrepresentation. For the avoidance of doubt, the Investment Agreement will also apply to matters of liability in the event you become an Investor.
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage.
11. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 Website will cease immediately.
12. RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
13. Regulation Provisions
- CFP has categorised the Investor as a retail client under the FCA rules. CFP may request re-categorisation as a professional client under FCA rules, but any such re-categorisation will be conditional upon the Investor meeting various tests required by the FCA. If the Investor is re-categorised as a professional client, it would also mean that there would be limitations to the level of client protections with which the Investor would be provided if the Investor remained as a retail client. CFP will provide the Investor with more information relating to being reclassified as a professional client upon request.
- CFP shall provide best execution in accordance with the FCA rules. A best execution policy has been implemented in order to ensure that CFP takes all reasonable steps to obtain best execution, i.e. the best possible result for the Investor when arranging deals in investments, taking into account the FCA's execution factors of price, costs, speed, likelihood of execution and settlement, size, nature of the order and any other consideration relevant to the execution of an order. CFP may revise its best execution policy from time to time. The best execution policy is available on request.
- Transactions in shares in an SPV will take place through the Website and, therefore, for regulatory purposes CFP must obtain Investor consent to effecting transactions outside a Regulated Market or Multilateral Trading Facility (as such terms are defined in the FCA rules). In this respect, by entering into these Terms, the Investor consents to us effecting transactions outside a Regulated Market or Multilateral Trading Facility.
- CFP is required to have arrangements in place to manage conflicts of interest between the Parties or between different clients of CFP. CFP has put in place a Conflicts of Interest Policy which identifies those situations giving rise to actual or potential conflicts of interest and which provides details of how such conflicts are managed. Where the arrangements under our Conflicts of Interest Policy are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of a client will be prevented, CFP will disclose sufficient details of the actual or potential conflict to the Investor in order to enable the Investor to take an informed decision as to whether to continue to deal with us notwithstanding the existence of such conflict. CFP will provide the Investor with a summary of our Conflicts of Interest Policy upon request.
14. Compliance procedure and compensations
- In the event Investor has any complaints regarding the service provided on the Website, the
Investor should put the Investor’s concerns in writing addressed to our chief executive, setting out the details of the Investor’s complaint, to the registered office of the CFP.
- CFP will consider and investigate each complaint carefully and aim to respond within 14 days of receipt of the Investor’s written complaint with our final response.
- If, after careful consideration and resolution of your complaint, the Investor remains unsatisfied, the Investor can refer the matter to the Financial Ombudsman Service.
- The services the Investor receives via the Website may be covered by the Financial Services
Compensation Scheme ("FSCS"). Please refer to the rules of FSCS (www.fscs.org.uk).
- The Investor can also now make a complaint through the European Commission’s Online
- Dispute Resolution Platform (the “ODR Platform”), which can be accessed at http://ec.europa.eu/consumers/odr. The ODR Platform can be used for resolving Investor’s dispute. Through this platform, the Investor can submit a complaint by filling in an electronic form.
- If CFP fails to insist on the Investor’s strict performance of these Terms, or if CFP
fails to exercise any of CFP’s rights or remedies to which CFP is entitled under these Terms, or any other document referred to herein, this will not amount to a waiver of such rights or remedies nor will it relieve the Investor of the Investor’s obligations under these Terms.
- The Investor shall not sell, convey, or transfer, by operation of law, or otherwise, its rights,
interest or delegate any of its obligations under an investment by the Investor to any person or entity without prior written consent of CFP; including without limitation any associated conditions of CFP.
on the Website). By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
- If any of these Terms or any provisions of any other document featured as part of the
Investor’s relationship with CFP are determined by a competent authority to be invalid, unlawful or unenforceable, to any extent, then such term or condition will be amended by the Parties in good faith to make it allowable under the law while remaining as close as possible to the original provision, and if that is not possible, will be severed from the remaining terms and conditions which will continue to be valid, as far as permitted by English law.
- Nothing in these Terms is intended to or will be used to establish any partnership or joint
venture between the Parties, nor authorise any Party to make any commitments for or on behalf of the other Party.
- No warranty or representation is made in relation to the Investor’s tax position, which will
apply to the Investor following the making of any investment.
- Any notice or other communication given to either Party in connection with these Terms
shall be in writing and delivered by hand or sent by pre-paid first class post (or an equivalent next day delivery service) at its registered address (if a company) or its principal place of business or residential address (if an individual), or sent by e-mail to the e-mail address notified to the other Party in accordance with this contract. CFP’s e-mail address for the service is disclosed on the Website. Any notice or other communication will be deemed to have been received if delivered by hand, on signature of delivery receipt or at the time the notice is left at the proper address, or if sent by e-mail, at 9.00 am on the next working day after it is sent or if sent by post (or other delivery service) on the second working day after posting.
- Any dispute or claim arising out of or in connection with the Website, its subject matter or
formation will be governed by English law and such disputes or claims will be subject to the non-exclusive jurisdiction of the Courts of England & Wales.
- References to any gender includes any other gender, the plural shall include the singular and
bodies corporate shall include unincorporated bodies and (in each case) vice versa.