Terms and Conditions
A. TERMS OF BUSINESS
1.1 The following terms of business (the "Terms") form the basis of the agreement between Australian Investment Property Limited, a company incorporated in England under the Companies Acts (Company Number 5942578) and having its registered office at 17 Ensign House, Admirals Way, Canary Wharf, London, E14 9XQ ("Australian Investment Property Ltd ") and You (the "Agreement").
1.2 Australian Investment Property Limited act as an intermediary and agent for property sellers and may provide You with the opportunity to hold, reserve and agree to purchase properties listed on www.australianinvestmentproperty.co.uk (the "Website") from the seller.
1.3 Australian Investment Property Limited may also, but do not have to, provide additional advice and assistance to you after you have agreed with the seller to purchase a property.
B. REGISTERING AND OPENING AN ACCOUNT ON THE WEBSITE
To register to use the client area of the Website You must agree to be bound by these Terms by clicking the accept button at the end of the registration form.
3. Opening and Accessing Your Account
3.1 Once You have accepted these Terms Australian Investment Property Limited will open an account for You and e-mail Your password required for logging-in to Your account in the client area of the Website.
3.2 This Agreement will commence on the date that the e-mail containing Your password was sent by Australian Investment Property.
3.3 Your account and password are personal to You and should not be disclosed to anyone. You are responsible for all holdings, reservations, actions and activities that take place on Your account and/or using Your password. If You think that someone may know Your password or have used Your account or password without Your permission, You must contact Australian Investment Property Limited immediately.
3.4 Access to the client area of the Website is currently free. Australian Investment Property Limited may, at any time, restrict access to the Website (including the client area), charge for access to the Website (including the client area), or withdraw, in whole or part, the Website.
C. INFORMATION CONTAINED ON THE WEBSITE
4. Information contained on the Website
4.1 The Website may contain information about properties available for purchase from a third party, the value of the properties and the level of investment required to purchase the properties (the "Property Information"), and the potential return that could be made by purchasing the properties (the "Financial Information").
4.2 The Property Information is based on information from third parties such as sellers and their agents, surveyors and the like. The Financial Information is based on Australian Investment Property's research and analysis of the market place. As the Property Information is reliant on third party information and often time critical, and the Financial Information speculative in nature, and again often time critical, Australian Investment Property Limited do not guarantee the accuracy, reliability or completeness or otherwise of the Property Information or Financial Information.
4.3 For the avoidance of any doubt Australian Investment Property Limited is not a regulated or licensed investment or financial Representative. All Information provided by Australian Investment Property Limited is intended as general information regarding property matters and should never be treated as giving advice or making a recommendation.
4.4 If You are going to rely on any of the Property Information or Financial Information, especially if relying on it could change Your financial or legal position, Australian Investment Property Limited strongly advise You exercise the same care and caution as You would normally use when making a substantial financial investment. In particular You should verify the Information and carry out an independent legal and financial assessment of any proposed investment, before committing to it. PLEASE REMEMBER THAT THE PRICE AND VALUE OF ANY PROPERTY CAN GO DOWN AS WELL AS UP. THIS CAN MEAN THAT YOU MAY GET BACK LESS THAN THE AMOUNT YOU ORIGINALLY INVESTED.
5. Third Parties on the Website
5.1 The Website may contain recommendations about the services offered by solicitors, mortgage brokers, furniture suppliers, accountants, estate agents or other third parties ("Third Parties").
5.2 Australian Investment Property Limited do not guarantee the competence and reliability of the Third Parties.
5.3 If You are going to instruct any of these Third Parties, or rely on any advice or information provided by them, especially if relying on it could change Your financial or legal position, Australian Investment Property Limited strongly advise You exercise the same care and caution as You would normally use when consulting such a Third Party.
D. USING THE SERVICES OFFERED BY Australian Investment Property
6. Properties listed on the Website
6.1 Australian Investment Property Limited may through the Website, by e-mail, postal mail, telephone, or any other means provide You with Property Information and/or Financial Information about properties that are or may in the future be available for purchase (the "Property") as agent for certain third parties.
6.2 Australian Investment Property Limited are relying on plans, designs, specifications, particulars, pictures and/or artists' impressions of the Property provided by third parties, and these are only intended as a general guide. In particular, the seller of the Property (the "Seller") may, at any time and without prior notice, alter any plans, designs, specifications, particulars, pictures and/or artists' impressions for the Property.
6.3 Where the Property has either still to be built or is in the process of being built the Seller may make alterations to the plans, designs, specifications, particulars, pictures and/or artists' impressions. The plans, designs, specifications, particulars, pictures and/or artists impressions (as may be revised from time to time) may be available for inspection on the site being developed or in the relevant regional office of the Seller.
6.4 Although Australian Investment Property Limited will let You know about any alteration to the plans, designs, specifications, particulars, pictures and/or artists' impressions that they become aware of, it is Your responsibility to check the most up-to-date position with the Seller before committing to any Property and to continue to check what, if any, alterations have been made while the Property is being built.
6.5 You accept and agree that if You enter into an agreement to purchase a Property listed on the Website other than through Australian Investment Property Limited You will still be liable to pay the Australian Investment Property Limited fees (as set out on Website) in respect of that Property as we have introduced you to that property. We provide you with our chosen property investments via this website through hard work sourcing and carrying out due diligence on these properties and our fees are still payable if an attempt is made to contact and negotiate with the developer direct. In these circumstances You will pay the fees to Australian Investment Property Limited within 7 days of receiving an invoice from Australian Investment Property Limited Ltd otherwise legal action will be taken to recover these fees.
6.6 Clause 6.5 will not however apply if You or Australian Investment Property Limited have ended this Agreement under clause 12 before the Property is listed on the Website by Australian Investment Property.
7. Holding and Reserving a Property
7.1 You may be able to hold a Property listed on the Website by clicking on the appropriate icon and submitting the requested information to Australian Investment Property Limited through the Website. This means that provided You comply fully with terms 7.3, 7.4, 7.5, 7.6 and 7.7 no other Australian Investment Property Limited client will be able to place that Property on hold.
7.2 Australian Investment Property Limited will confirm to you, details of any Property that You have placed on hold and the reservation fee payable. We will then send the reservation form to You by post, email or fax.
7.3 Australian Investment Property Limited must receive as agent for the Seller Your reservation fee in the form of a bacs transfer or credit card payable to the Seller (unless otherwise stated on the Website) on the same day as reservation in order to put a hold on the Property. The Australian Investment Property Limited finders fee is also payable in order to hold your chosen property.
7.4 As soon as You have posted Your reservation fee please email Australian Investment Property Limited at firstname.lastname@example.org to confirm that Your reservation fee has been posted. If Australian Investment Property Limited do not receive Your reservation fee or payment is rejected, Your hold placed on the Property will be removed and the Property will be re-listed for sale on the Website.
7.5 Your reservation form must be signed and returned to Australian Investment Property Limited as soon as possible; in any event Australian Investment Property Limited must receive Your reservation form within two business days of the Property being held through the Website. If Australian Investment Property Limited do not receive Your reservation form within the required two business days, Your hold placed on the Property will be removed and the Property will be re-listed for sale.
7.6 It is Your responsibly to obtain a decision in principle from Your mortgage broker and provide copies to Australian Investment Property Limited within a reasonable time and in any event within 7 business days of the Property being held through the Website. If Australian Investment Property Limited do not receive the documentation within the required 7 business days, Your hold placed on the Property may be removed and the Property will be re-listed for sale on the Website. In such circumstances Australian Investment Property Limited will return Your reservation fees to You. This only applies to properties that are less than 6 months from completion and require a mortgage in place in order to complete.
7.7 Once Australian Investment Property Limited have received as agent for the Seller:-
7.7.1 Australian Investment Property's fees;
7.7.2 Your reservation fee;
7.7.3 Your signed reservation form; and
7.7.4 written confirmation from Your mortgage broker that You have a decision in principle from them or written confirmation from You that You do not require a decision in principal.
Your reservation form and reservation fee payment will be sent to the Seller.
7.8 Once Australian Investment Property Limited have confirmed Your reservation form and cheque have been received and accepted by the Seller, the Property will be reserved (the "Reservation") (subject to the Seller's usual practice) for a reasonable period for You to be able to enter into a legally binding contract with the Seller to purchase the Property (the "Contract"), for example exchange contracts in England or conclude missives in Scotland. Usually this occurs within 28 days from the initial reservation fee payment being received.
7.9 For the avoidance of any doubt, in the event that no Contract is entered into within a reasonable period, Your Reservation may (subject to the Seller's usual practice) be cancelled by the Seller and Your reservation fee may be retained by the Seller. Australian Investment Property Limited cannot be held liable for a developer retaining a non refundable reservation fee in this situation.
7.10 Unless You inform Australian Investment Property Limited otherwise in writing, You are responsible for instructing your solicitor to act on your behalf for your chosen property. If you would like Australian Investment Property Limited to advise of a suitable solicitor this should be requested in writing at the time of reservation.
8. Australian Investment Property's Fees
8.1 Australian Investment Property's fees (the "Fees") for providing the services set out in section D in relation to each Property will be set out on the Website.
8.2 The Fees become chargeable and are required to be paid by You within 7 days of Your reservation.
8.3 Once the Fees become payable, no act or omission of You or the Seller will affect Australian Investment Property's entitlement to be paid the Fees on time.
9. Consequences of Non-Payment of Fees
Any Fees outstanding after the due date will bear interest from that date until payment is received by Australian Investment Property Limited at 4% over Barclays Bank Plc base lending rate from time to time, accruing daily and compounded monthly on the first day of each month.
F. CHANGING AND ENDING THE AGREEMENT
10. Changing these Terms
10.1 Australian Investment Property Limited may change these Terms from time to time on giving no less than 30 days notice. You will be notified of any change to these Terms by email and an announcement will be posted on the Website.
10.2 If You decide not to accept any change made to these Terms You must inform Australian Investment Property, in writing, within 3 working days of receiving the e-mail, otherwise You will be deemed to have accepted the change.
11. Ending the Agreement
11.1 Either You or Australian Investment Property Limited may end the Agreement immediately on giving written notice.
11.2 For the avoidance of any doubt, if You choose to end the Agreement this will not affect any Reservation or Contract You have already entered into prior to ending the Agreement. You will still be liable to pay Australian Investment Property Limited any Fees due in relation to any such Reservation or Contract, including any fees due to Australian Investment Property Limited under clause 6.5.
12. Australian Investment Property's Liability
12.1 Australian Investment Property's entire liability for any loss, harm or damage suffered by You as a result of Australian Investment Property's breach or non-observance of the Agreement is:
12.1.1 unlimited in the event of death or personal injury; and
12.1.2 limited to the higher of (i) £500 or (ii) the amount of Fees (if any) actually paid by You in the preceding twelve months, for any other loss, harm or damage.
12.2 In addition, Australian Investment Property Limited will only be responsible for direct loss, harm or damage, and so will not be responsible for any loss, harm or damage which is not reasonably foreseeable by Australian Investment Property Limited and which is not a direct and immediate result of Australian Investment Property's breach of the Agreement.
13. Your Personal Information
13.1 Your personal information collected by Australian Investment Property Limited may be used to enable Australian Investment Property Limited to deal with any request You have made using the Website. Australian Investment Property Limited will also use and analyse the information collected so that Australian Investment Property Limited can administer, support, improve and develop Australian Investment Property Limited 's business.
13.2 Australian Investment Property Limited may use Your personal information to contact You for Your views on the services provided by Australian Investment Property Limited and to notify You occasionally about important changes or developments to these services. Further, Australian Investment Property Limited may also use Your information to let You know about other products and services which Australian Investment Property Limited offer which may be of interest to You and Australian Investment Property Limited may contact You by e-mail, post, telephone or fax. If You do not want to be contacted by Australian Investment Property, please let Australian Investment Property Limited know in writing.
13.3 Australian Investment Property Limited may allow carefully selected third parties to contact You about products and services which may be of interest to You. They may contact You by e-mail, post, telephone or fax. If You do not want to be contacted by these companies, please let Australian Investment Property Limited know in writing.
13.4 If any of Your personal details change You should let Australian Investment Property Limited know as soon as possible. You can do this by sending an email to email@example.com
You accept and agree that You will not disclose or use or cause to be disclosed or used, at any time during or after this Agreement has, any secret or confidential information of Australian Investment Property, their clients or customers or any other non public information relating to Australian Investment Property's business, financial or other affairs acquired under this Agreement. That confidential information includes any price, discount or other financial information about any Property.
If any Term of this Agreement is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other Term of this Agreement and the remainder of the Term in question shall not be affected.
16. Entire Agreement
16.1 It is intended that this Agreement contains the entire Agreement between You and Australian Investment Property Limited and supersedes any previous Terms in relation to the matters with which it deals, including Australian Investment Property's Website Terms and conditions.
16.2 Other than as expressly set out in this Agreement, You accept and agree that You were not induced to enter into this Agreement in reliance of any statement, warranty or representation which is not repeated in this Agreement.
16.3 If this Agreement does not set out all of the terms of Australian Investment Property's agreement with You, You must notify Australian Investment Property Limited in writing within 5 days of any such statement being made.
16.4 If during the course of this Agreement Australian Investment Property Limited have made any additional statements on which You are relying, You must notify Australian Investment Property Limited in writing within 5 days of any such statement being made.
17.1 Any notice to be given to You under this Agreement can only be:
17.1.1 delivered to You personally at the address provided by You in Your Registration Form; or
17.1.2 e-mailed to You at the e-mail address provided by You in Your Registration Form.
17.2 Any notice to be given to Australian Investment Property Limited under this Agreement can only be:
17.2.1 delivered to Australian Investment Property Ltd, 17 Ensign House, Admirals Way, Canary Wharf, London, E14 9XQ; or
17.2.2 e-mailed to Australian Investment Property Limited at firstname.lastname@example.org .
17.3 A notice is deemed to have been served if:
17.3.1 personally delivered, at the time of delivery;
17.3.2 send by e-mail, 12 hours after the e-mail was sent.
17.4 In proving service it is sufficient to prove that personal delivery was made, or that the print of the e-mail containing the notice was properly addressed.
18. Governing Law
This Agreement is governed by the laws of the UK .