In these Investor Terms and Conditions (“Terms and Conditions”), the following definitions shall apply:
Agreement: means the Registration Form and these Investor Terms and Conditions.
Confidential Information: means the trade secrets, confidential or sensitive information or knowledge and know-how including all confidential, financial, trade, customer, transaction, system and processing information and data of either party disclosed to the other which is stated to be or should be reasonably understood to be confidential.
Investor: means any investor user registered on the Website.
Property Sourcing Agent: means any property sourcing agent user registered on the Website.
Registration Form: means the registration form on the Website to be completed by the Investor.
Services: means the services to be provided by the Company to the Investor including, but not limited to: (a) use of the Website; (b) access to the content on the Website; (c) access to the Company’s database of Property Sourcing Agents; (d) the provision of a chat functionality enabling the Investor to liaise directly with the Property Sourcing Agent; and (e) any other services provided by the Company from time to time.
Subscription Fee: means an annual subscription fee of £500.00.
Trial Period: means the free trial period which shall last for 90 days only.
Website: means the website located at www.marvelsuccess.co.uk owned, maintained and operated by the Company.
- Trial Period
- The Company hereby grants the Investor a Trial Period for the provision of the Services. By submitting the Registration Form and providing payment details, the Investor:
- accepts the Trial Period;
- acknowledges and agrees that if the Investor does not cancel the subscription prior to the end of the Trial Period, the Investor will be automatically charged the Subscription Fee.
- The Investor must create an account on the Website and must be 18 years old or over. The Investor warrants that the details provided on registration are true, accurate, complete and current.
- In the event of any conflict between these Terms and Conditions and the Registration Form, these Terms and Conditions shall prevail.
- The Company reserves the right to reject any Registration Form and/or to refuse to enter into an Agreement or provide any Services to a third party at its absolute discretion.
- Investor Responsibilities
The content on the Website is provided for general information only. It is not intended to amount to advice on which the Investor should rely. The Investor must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content.
The Company shall provide the Services to the Investor in accordance with the Registration Form and shall be entitled in its absolute discretion to vary the Services from time to time without notice to the Investor. Any changes to the Services will be posted on the Website.
- The Investor shall pay the Company the Subscription Fee upon submission of the Registration Form. For the avoidance of doubt, once the Trial Period has ended, the Subscription Fee will automatically be charged to the credit or debit card that was used on initial registration.
- The Company reserves the right to vary the Subscription Fee and any structure of charges in place from time to time subject to providing 30 calendar days’ written notice to the Investor. Any Services provided after changes have taken effect will be subject to the relevant new Subscription Fees and/or new charging structure.
The Subscription Fee may be paid by credit or debit card. Where payment is to be made by credit or debit card the Investor hereby authorises the Company to charge the relevant credit or debit card on submission of the Registration Form.
- The Investor agrees that it shall not circumvent the spirit of the Agreement in an effort to make a financial gain and shall observe good faith regarding non-circumvention.
- Save as provided for in the Services which are made available to the Investor through the Website, it is expressly agreed that the identities of the Property Sourcing Agents, any individual or entity and any other third parties (including, without limitation, financial sources and consultants) made available by the Company and any related business opportunity shall constitute Confidential Information and the Investor shall not (without the prior written consent of the Company):
- directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such third party identified or Property Sourcing Agent introduced by the Company; or
- seek to by-pass, compete, avoid or circumvent the Company from any business opportunity by utilising any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
- The Investor covenants that any financial gain made by it, or any associated part from a breach of paragraph 6.2 shall be held on trust for the benefit of the Company and then be transferred to a nominated account of the Company, until which time such outstanding amount shall incur interest at the rate of 4% per annum above Barclays Bank plc base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and the Investor shall pay the interest together with the overdue amount.
- Restrictions on Use
The Investor shall comply with the General Terms and Conditions and Acceptable Use Policy.
Either party may terminate the Investor’s registration by serving one month’s written notice to the other party.
- Disclaimer and Liability
- The Website (including all content on it) is provided by the Company on an “as is” and “as available” basis and the Company makes no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is the Investor’s responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Website and any information or content contained therein. The Company accepts no responsibility and makes no representations, guarantees, or warranties that the Website will operate continuously, without interruptions or be fault-free. The Company may need to make the Website unavailable to carry out maintenance or upgrade work. The Company accepts no liability for any interruption or loss of service.
- Property or investment opportunity descriptions and other information provided on the Website are intended for information and marketing purposes only and, whilst displayed in good faith, the Company will not under any circumstance accept responsibility for their accuracy. It is the responsibility of the Investor to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of the Property Sourcing Agents to ensure the accuracy and integrity of property descriptions provided on the Website and in any property particulars.
Please refer to the General Terms and Conditions for further information on our responsibility for loss or damage suffered by you. In the event that these Terms and Conditions conflict with the General Terms and Conditions, these Terms and Conditions shall prevail.
- Assignment and other dealings
The Investor shall not assign, transfer or deal in any other matter with any or all of its rights and obligations under the Agreement without the prior written consent of the Company.
No failure or delay by the Company to exercise any right or remedy provided under the Agreement or by law shall constitute waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Governing Law
Any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with the Agreement, its subject matter or formation (including non-contractual disputes or claims).