Terms and Conditions
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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.
References to "we", "us" and "our" are references to HMO4sale which is a trading style of Finance4, Pound Building, Wickhambrook, Newmarket CB8 8UL.
The terms "you", "your", "client" 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.hmo4sale.co.uk otherwise known as www.hmo4sale.com hereon referred to as The Site.
We provide an advice and procurement service for property and property related goods and services in the UK, referred to hereon as the "Service" or "Services".
The details provided by you at registration are important and must be complete and correct. We are registered with the Data Protection Act. 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 in accordance with our Privacy Policy.
You must immediately inform us of any changes to your information by emailing us at hmo@hmo4sale.co.uk
We 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. 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.
4. Entering into Investment Opportunities We will offer you opportunities for investment, by using electronic mail, short message service (SMS), The Site, postal correspondence, 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 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 make their own judgement upon the investment being offered and to independently verify the Information and our speculative analysis. 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.
5. Use of Our Services, Suppliers and Agents "An opportunity or supplier introduced by us" means any investment opportunity which may include, but is not limited to land, property, apartments, homes, entire developments, whether constructed or not at the time of introduction, in the UK , or supplier of the same, including but not limited to developers, estate agents, or other intermediary agents, that have been researched, negotiated or procured by us, or in the case of suppliers are persons or companies with whom we have an established relationship (contractual or otherwise), and would not otherwise have been known to you.
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. All fees are subject to the addition of VAT, where appropriate.
The following fees apply to all successful purchase completions arising from successful introductions via the HMO4sale Website. On completion of any purchases resulting from viewings of data disclosed via the HMO4sale website the Buyer(s) will pay to HMO4sale a 1% commission of the purchase price paid, or £500 whichever shall be the greater. This amount will be collected by the seller’s solicitor on behalf of HMO4sale at the time of completion unless cleared funds are received previously.
If you would like to pay by cheque please make it out to Finance4 Network and send to: Finance4 Network Pound Building Wickhambrook NEWMARKET CB8 8UL
Registrants agree that they will not directly or indirectly circumvent the rights of HMO4sale to receive its said commission and that, in the event of successfully completing a purchase as a result of viewing data displayed on this website or subsequently disclosed in more detail by HMO4sale and being thereby introduced to the party selling, acknowledge that the said commission will be due and payable forthwith. This agreement includes and extends to persons acting on your behalf in any resulting purchase where you have passed information provided by us to a third party.
References to “HMO4sale” and “hmo4sale.co.uk” and “hmo4sale.com” are synonymous for the purposes of interpretation of the rights to receive any commission payable under this agreement.
All offers to be made through HMO4sale and not directly with the property owners.
We reserve the right to withdraw the opportunity to purchase a property procured by us, if you fail to pay our fees and charges in full and at the appropriate time. We reserve the right to charge Interest at the rate of 4% above the Barclays Bank plc base rate per year from the date the fee or charge was due, until full payment is received without concession.
Sellers: The Following Terms and Conditions apply to all successful sale completions arising from introductions via the HMO4sale Website. a) Agree to inform HMO4sale if they are not the owners of the property. b) Agree to provide HMO4sale details of all other companies advertising the property, including estate agents and websites. c) Any introductions of prospective purchasers arising directly or indirectly from introductions made via the HMO4sale website will be disclosed to HMO4sale. d) On completion of any sales resulting from viewing of data disclosed via HMO4sale the Buyer(s) will agree to pay 1% of the purchase price or £500.00 which ever is the greater. We ask your solicitor dealing with the sale to collect the 1% on our behalf. Before contracts are exchanged we require your Solicitor's details to enable us to present our invoice. e) Registrants agree that they will not directly or indirectly circumvent the rights of HMO4sale to receive its said commission, and that in the event of successfully completing a sale as a result of data displayed on the HMO4sale website or subsequently disclosed in more detail by HMO4sale (and being thereby introduced to the party buying) agree to disclose to HMO4sale full particulars of the purchasing party. f) References to “HMO4sale” and HMO4sale.co.uk” and “HMO4sale.com” are synonymous for the purposes of interpretation of the rights to receive any commission payable or information to be disclosed under this agreement. g) This agreement if transmitted by email shall be deemed as an original and legally binding as such.
7. Third Parties Services We Recommended We will endeavour to recommend solicitors, mortgage brokers, furniture suppliers, accountants and estate agents or other third parties ("Third Party" or "Third Parties") of good calibre, 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 The Site or recommended to you by us, it is at your sole risk and responsibility.
If you, without notifying us, and within one year of the date an opportunity was originally introduced to you by us i. engage in any capacity directly with a supplier or developer originally introduced to you by us, or ii. engage with the supplier or developer over new opportunities, iii. or if you or a member of your staff 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. Interest at the rate of 4% above the Barclays Bank plc base rate per year will be applied from the date of engagement, until full payment is received without concession.
9. Property, Buildings, Locations Or Development Descriptions 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.
Confidential Information means all information relating to current or prospective investment opportunities, our clients and prospective clients, 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: i. 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. ii. 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).
All design, copyright, trade marks and all other intellectual property rights in or relating to The Site or information otherwise distributed by us, shall remain our property or, where applicable, are reproduced with the permission of the rights' owner, such as content suppliers, Third Parties and/or users. On the Site you may browse the contents and use any facilities to the extent that it is expressly made available to you, but this is solely for your own personal use and you must not remove any copyright or trade mark notices. You may not modify, reproduce, distribute, republish, display, post, transmit or sell any such material for any commercial or business purpose, without our prior permission or the permission of the rights' owner.
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, and the nature of electronic distribution, that: i. 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: a. The Site and content contained on the Site; b. The truth, accuracy, or completeness of any Information distributed to you by us, by any means c. The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the Site; d. your ability to use the Site or that it will be available in its current or any other format; ii. We have no control over the Information that can be accessed through, downloaded from or uploaded to the Site. iii. We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the Site. iv. We will not be responsible or liable to you or any third party for any modification, suspension of or discontinuance of our Services v It is your decision, where applicable, to use, post, submit, remove or alter information and material to us, or on, to or from the 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. vi We exclude all liability of any kind including for invasion of privacy, defamation, negligence or intellectual property right infringement, for the transmission or reception of information or material of whatever nature by, about or to you. 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: a. any breach of these Terms; or b. any representation, statement or tortuous act or omission including negligence arising under or in connection with these Terms; or c. your access to or use of or inability to use our Services via the Site or otherwise; or d. any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or e. 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. Nothing in these Terms affects your statutory rights.
Subject to the above two paragraphs: i. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to £20,000; and ii. we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of the Services.
Where you the Investor are a consumer rather than a business no provision of this Liability clause or these Terms shall affect your rights as a consumer.
We reserve the right to change these Terms at any time. We will give you 7 days notice by posting notice on The Site and sending you an email. If you do not want to accept any new terms you must inform us immediately of your intention by emailing us, Otherwise you will be deemed to have accepted such new terms.
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.
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.
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, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Any notice to be given under these Terms by either party to the other must be given in writing in English, and shall be deemed to be served: i. in the case of us communicating with you, twelve hours after we send an e-mail to the e-mail address specified by you during registration or any changed e-mail address subsequently notified to us; and ii. in the case of you communicating with us, twelve hours after an email is sent to hmo@hmo4sale.co.uk
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.
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. |