Terms & conditions
Please take a moment to read our Terms and conditions.
YourPropertyClub.com Ltd ("YPC" hereafter) registered number 5312201 contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer's order or enquiries inconsistent therewith shall be of no effect.
The terms and conditions herein shall constitute the entire agreement between YPC and any modification to these conditions will be binding only if it is evidenced in writing signed by a director of the company and such evidence contains specific reference to those conditions being modified.
Registration onto this site shall be deemed as acceptance of these terms.
We reserve the right to decline any order, registration or subscription without giving any reason.
Disclaimer
YPC disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, information, published on our web site, in our brochures or other documents or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.
Provision of the products, services, information is on an "as is" basis. In particular YPC disclaims without limitation, warranties of merchantability, fitness for purpose and/or non infringement.
By use of our service, the client agrees to bear full responsibility for their own investment research and investment decisions. The client also agrees that YPC shall not be liable for any decision made or action taken based upon reliance on news, information, or any material published or provided by YPC.
Reservation Fees
Reservation fees are payable on reservation of a given property. The amount will be given at the time of launch. In the event that for any reason you do not proceed through to exchange any reservation fees paid will be non refundable. In the case where the developer pulls the deal prior to exchange you may receive the reservation fees paid.
Property Finders fees
For each property you purchase, YPC will charge you a finders fee, this is normally 2.5% of the valuation (plus any VAT applicable). This fee is purely for the sourcing of the property. The provision of services beyond this should be considered outside our agreement and do not form part of the agreement between YPC and yourself or any third party. We do however in the spirit of cooperation undertake to support you throughout the process and this can sometimes mean that we will provide services at no costs after reservation of the property. It is at the discretion of the directors of YPC if Property Finders fees are refundable should you fail to exchange on the property. Should you choose to pull out of a deal fees will not be refundable.
Introducer fees, Agency fees and Commissions
YPC may in addition to Finders fees receive introducer fees, agency fees, and/or commissions. This can include fees from developers and other third party services.
Allocation of monies received
Any money received will be allocated to any expenses owed followed by Reservation fees owed followed by Finders Fees owed.
Referrals and Follow Up
Your details will be referred to various third parties to supply a number of different services including mortgage broker, solicitors, letting agents, curtains, furniture and flooring contractors. You further give us permission to discuss particulars of these services with the relevant third party.
Provision of Service
We make no promises that our content or the service itself will be delivered in an uninterrupted, timely, secure or error-free fashion.
Claims and Guarantees
You agree that all photos and figures quoted are for illustrative purposes only and that it is up to you to conduct sufficient due diligence and research into the property including seeking competent authority prior to making any financial decision, this includes undertaking a property valuation, researching the area and market rent. We make no claims as to the specification of the finished property. You will need to prefer to the builders specification sheet for the individual plots. We have given you no guarantees. You are aware that property values and rents can go up as well as down and that if you do not keep up payments on loans or mortgages secured on your property it may be repossessed.
No decisions, No responsibility
You agree that YourPropertyClub.com Ltd, its directors, employees or shareholders have given no advice, they have only relayed their own personal experiences and those of its employees and clients in property. You further agree that you have made all decisions and take full responsibility for those decisions. In the case where you had questions or were unsure you consultant competent authority and that those questions have been answered to your full satisfaction.
Education
Your property consultant has referred you to our education blog on the www.yourpropertyclub.com for continuing education and has also discussed the role of your portfolio manager.
Affordability
You agree that you have looked over the cashflow illustrations and confirmed them through your own research and feel that it is well within your financial means to purchase and service this property on an ongoing basis.
Incentives
You agree that all incentives have been clearly explained to you and you accept that should incentives become unacceptable at any time that you may still be required to proceed with the purchase.
Changes in the market and criteria
You accept that whilst YPC present various possible structures to purchase property that we cannot be held responsible for changes in lenders criteria, law society guidelines, government legislation or changes in the market which affect your property.
Costs incurred in buying a property
YPC cannot be held liable and accepts no responsibility for any costs associated with the purchase of property sourced through YPC. YPC is responsible solely for the referral of the property. Should a property a client is purchasing not proceed for any reason the client will be responsible for meeting all the costs involved and will have no claim against YPC.
Portfolio Manager availability
You have been given access to your Portfolio Managers contact details who will be available to you during normal office hours (which are Monday to Friday 9am - 6pm) and at other times at their discretion. You agree and understand that at times outside office hours it is a privilege given freely by the individual portfolio manager and does not form part of any agreement with YPC or any party. The individual is not remunerated for this extra time and they offer it on the condition that it may not be relied upon. It is given freely in the spirit that it is intended.
Sleep Test (24 hour Cooling off period)
The purchase of property is a big decision and we accept that sometimes you have to make a decision prior to sleeping on it. As part of our commitment to you sleeping soundly with all your decisions you have a full 24 hours cooling off period from the point of confirming your reservation on the phone or in an email. During this time you may choose not to continue with this purchase. You must phone or email us with this information within the time frame in order to cancel.
Tax
Value added tax will be charged, if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, invoice.
Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery (or in the case of non-delivery within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to us and the carrier within seven clear days of delivery (or in the case of non delivery, within 42 days of dispatch).
All other claims must be made in writing to us within 28 days of delivery. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (I) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Limitation of Liability
The sole liability of YPC in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein.
Without prejudice to the foregoing, YPC shall in no circumstances be liable - i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from any delay in transit.
Customer's Property
Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer's property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should arrange insurance accordingly.
Content
Except as expressly provided in this Agreement, all of the content on this site is the property of YPC and is protected by UK and international copyright laws. "Content" means any information, mode of expression, or other material and services found on YPCs' website, printed matter or any other form of communication from YPC. This includes discussion boards, chat, software, our writings, graphics and any and all other features found on the site.
Ezytrac - Portfolio Management Software
Ezytrac is designed only to be used by those registered clients who are working closely with a portfolio manager. The software is designed to store data and provide limited insight into the current portfolio of a client. The use for any other purposes or without the aide of a portfolio manager is at your own risk. YPC accepts no responsibility for the accuracy of formulas or the storage of data. We do not guarantee the safe storage of data contained on its database. We accept no responsibility for decisions based on illustrations given on Ezytrac. It is designed as an assumptive tool and you must always seek competent authority before making any financial decision. Ezytrac may not be copied. (c) Copyright YourPropertyClub.com Ltd 2006, All Rights Reserved.
Force Majeure
We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Further explanation
If for any reason you are not totally clear about any of the above points please contact your property consultant for clarification.
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