Dated: 9th October 2017

 

LAND CLUB LTD

WEBSITE TERMS AND CONDITIONS

 

This page (together with the documents referred to on it) sets out the terms and conditions on which we, Land Club Ltd (“Land Club”) make available the information listed on our website at www.landclub.co.uk (the “Site”) to you, whether as a guest or a registered user. Please read these terms and conditions carefully before using this Site.

These terms and conditions should be read alongside, and are in addition to, our privacy policy (accessible at www.landclub.co.uk) and our investor terms and conditions (accessible at www.landclub.co.uk) for those seeking to invest in special purpose vehicle (“SPV”) limited companies (“Investors”).

You should understand that by using this Site, you agree to be bound by these terms and conditions, our privacy policy and our investor terms and conditions (as applicable).

You should print a copy of these terms and conditions for future reference.

References to “we”, “our” and “us” are to Land Club. References to “you” or “your” are to the user of this Site.

This Site provides you with information on property investment opportunities.  Before you can receive detailed information on these opportunities you must register as an Investor www.landclub.co.ukand read and agree to our investor terms and conditions www.landclub.co.uk. The investment opportunities available will consist of an opportunity to invest in shares in the capital of an SPV. The SPV will acquire and own a property.  The property will then be developed and returns will be generated for investors out of rental and sale proceeds (as applicable).

We are not providing advice on the properties or the investment in shares in the SPVs. Investors are required to carry out their own due diligence on the investment opportunity and the risks associated with any investment in shares in an unlisted newly incorporated SPV. We will provide administrative assistance in providing the necessary documentation required to facilitate investment in the SPVs.

Please click on the button marked “I accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use our Site or register as an Investor.

1. INFORMATION ABOUT US

We, (Land Club) are a company registered in England and Wales under company number 10664020 and our registered office is at 41-43 Brook Street, London, W1K 4HJ.  We operate the Site (www.landclub.co.uk) and are an appointed representative of ShareIn Limited (“ShareIn”) a company registered in Scotland under company number SC408803.  ShareIn is authorised and regulated by the Financial Conduct Authority (“FCA”) with registration number 603332.

2. SERVICE AVAILABILITY AND ACCESS

2.1 Our Site is made available free of charge unless otherwise set out in the terms and conditions for Investors.

2.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

2.3 You are responsible for making all arrangements necessary for you to have access to our Site.

2.4 You are also responsible for ensuring that all persons who access our
Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

2.5 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.

2.6 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 of use.

2.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@landclub.co.uk

2.8 You are permitted to download and print content from the Site (including these terms and conditions) solely for your own personal use or in the course of your business to the extent required to use the services provided on the Site. Site content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our prior express written consent.

2.9 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3. OUR LIABILITY

3.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

3.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.=

3.3 We will not be liable to you for any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

3.3.1 loss of income or revenue;

3.3.2 loss of business;

3.3.3 loss of business opportunity;

3.3.4 loss of profits or contracts;

3.3.5 loss of anticipated savings;

3.3.6 loss of data;

3.3.7 loss of goodwill or reputation;

3.3.8 wasted management or office time;

3.3.9 any indirect or consequential loss or damage; and

3.3.10 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

3.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

3.5 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

4. INTELLECTUAL PROPERTY

4.1 We own and you agree that we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other intellectual property rights existing in or relating to this Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 No warranty is given that the contents of this Site do not infringe the rights of any third party.

4.3 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us (or our licensors where applicable).

5. INDEMNITY

You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by arising out of or in connection with any breach by you of this agreement.

6. VIRUSES

6.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

6.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

6.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.

7. LINKING TO OUR SITE

You may only link to our Site with our prior written consent. We reserve the right to withdraw linking permission without notice.

8. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our Site may contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

9. NO RELIANCE ON INFORMATION

9.1 The content on our Site 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 Site.

9.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

10. WRITTEN COMMUNICATIONS

10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site.

10.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

11.1 All notices given by you to us must be given to Land Club at admin@landclub.co.uk We may give notice to you at either the e-mail or postal address you provide to us.

11.2 Notice will be deemed received and properly served immediately when posted by us on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. WAIVER

12.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these terms and conditions or any other document referred to herein, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 below.

13. SEVERABILITY

If any provision in these terms and conditions or any provision in any other document featured on this Site are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. ENTIRE AGREEMENT

14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

14.2 We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

14.2 Each of us agrees that our only liability in respect of any representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

14.4 Nothing in this clause limits or excludes any liability for fraud.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

15.1 We have the right to revise and amend these terms and conditions (and any other terms and conditions on our site) from time to time.

15.2 You will be subject to the policies and terms and conditions in force from time to time so please check this page regularly to take notice of any changes.

16. LAW AND JURISDICTION

Any dispute or claim arising out of or in connection with the use of this Site or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such use (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.