TERMS AND CONDITIONS
This Website is the property of Axis Property Investment Ltd, hereinafter referred to as “Axis”.
The terms “you”, “your”, “investor”
refer to any individual, company or business, whether registered
with Axis or not, to whom Axis provides goods and/or services
Welcome to the Axis website and terms and conditions for use.
These terms and conditions apply to the use of this website
at www.axispropertyinvestment.com,
and to any correspondence and/or contractual relationships
entered into between Axis and you whether via email, telephone,
fax or in personal communication.
By accessing this website and/or registering and/or placing
an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless
of whether or not you choose to register with us or order
from us. If you do not accept these terms, do not use this
website.
These
Terms and Conditions (the “Terms”) govern the
relationship between Axis and you and take precedence over
any other printed or other conditions even if such conditions
purport to take precedence. Please read them carefully.
The www.axispropertyinvestment.com
website is operated by:
Axis Property Investment Ltd.
Registered in England No 5658721.
Registered Office The Innovation Centre, Warwick Technology
Park, Gallows Hill, Warwick. CV34 6UW
The Axis trading address and contact details are as follows:
Axis Property Investment Ltd
Innovation Centre
Warwick Technology Park
Gallows Hill
Warwick
CV34 6UW
United Kingdom
Email: info@axiscontact.com
Telephone: 0870 446 0990
Fax: 0870 446 0985
Axis provides an advice and procurement service for property
and property related goods and services in the UK and Internationally,
hereafter referred to as the “Service” or “Services”.
1. INTRODUCTION
1.1 You will be able to access part of this
Website without registering your details with us.
1.2 We may revise these
terms and conditions at any time by updating this document.
You should check this Website from time to time to review
the then current terms and conditions, because they are binding
on you. Certain provisions of these terms and conditions may
be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not
wish to accept any new terms and conditions after we have
given notice, you should not continue to use this Website.
2. PURCHASING FROM US
2.1 You are deemed to purchase from us by
ordering via our online checkout process. As past of the checkout
process you will be asked to confirm your acceptance of our
Terms and Conditions, which form an integral part of the contract
with us.
2.2 As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.3 Our acceptance of an order takes place when we despatch the order confirmation by email. When we provide this information the purchase contract will be made even if your payment has not been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.4 There are two types of
contract that you may enter into.
1. A contract between yourself and Axis,
where Axis is the provider of goods and services, for example
Member Training Days. The contract between yourself and Axis
will also extend to any fees due to Axis for property sourced
by Axis on your behalf.
2. A contract between yourself and the Developer
of a property, where Axis is acting as an independent Agent
on behalf of the Developer.
Where the contract exists between yourself and Axis.
2.5 We may refuse to accept
an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in
our terms and conditions: or,
(e) for any other reason at our sole discretion.
Where the contract exists between yourself
and a Developer
2.6 The Developer may refuse to accept an order for
the same reasons as given in section 2.5 above. Under no circumstances
shall Axis be liable for any damages, contingent or otherwise,
if the Developer refuses to accept an order from an Investor.
3. PAYMENT
3.1 All credit card orders are cleared by
our secure server system in conjunction with Secure Hosting
and Lloyds TSB Cardnet. This system uses the latest encryption
technology and SSL processing to ensure that your credit card
details are secure and safe.
3.2 You may also choose to pay by cheque
or bank transfer then the contract will commence when we issue
a confirmation indicating our acceptance of your order.
3.3 Axis may accept payment on behalf of a developer
and will pass that money to the developer forthwith. Once
that money has been passed to the developer Axis shall no
longer have any interest in the transaction and shall not
be liable for any future disputes about the payment or any
other thing, between the Developer and the Investor.
4. PRICING
4.1 All prices exclude VAT (where applicable)
at the current rates.
4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4.3 Our prices are reviewed periodically without notice. Any prices shown on the website or elsewhere are current prices and are subject to change without notice. Axis may make available limited price incentives from time to time, but shall not be bound by such price incentives outside the specified time as described.
5. CANCELLATION AND RETURNS POLICY5.1 If you wish to cancel your order you can notify us by email to info@axiscontact.com.
5.2 Transactions with Axis are business
to business transactions and as such fall outside the scope
of the Distance Selling regulations. You may cancel a contract
for the purchase of goods or services for 3 working days following
the placing of the order provided that you have not received
and/or consumed the relevant product and/or service, and that
no further legal contracts have been entered into subsequent
to the transaction which will make it impossible or costly
to cancel the transaction.
5.3 Cancellation of the contract may mean forfeiture of all
money paid to date, and possible liability for money that
has not been paid, as specified within these terms and conditions.
6. LICENCE
6.1 You are permitted to print and download
extracts from this Website for your own use on the following
basis:
(a) that no documents or related graphics on
this Website are modified in any way;
(b) that no graphics on this Website are used
separately from accompanying text; and
(c) that any of our copyright and trade mark
notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright
and other intellectual property rights in all material on
this Website (including without limitation photographs and
graphical images) are owned by us or our licensors. For the
purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause 5.1
above for any purpose is prohibited. If you breach any of
the terms in these terms and conditions, your permission to
use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
6.3 Subject to clause 6.1, no part of this
Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system
or service without our prior written permission.
6.4 Any rights not expressly granted in
these terms are reserved.
7. SERVICE ACCESS
7.1 While we endeavour to ensure that this
Website is normally available 24 hours a day, we will not be
liable if for any reason this Website is unavailable at any
time or for any period.
7.2 Access to this Website may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
8. REGISTRATION
8.1 The details provided by you are registration
are important and part of our contractual relationship. They
must be complete and true to the best of your knowledge. Any
changes must be advised to us immediately by sending an email
to update@axiscontact.com or telephoning our office.
8.2 If you fail to keep us informed of changes, we
will be unable to provide you with information on current and
future investment opportunities and related services.
9. VISITOR MATERIAL
AND CONDUCT
9.1 Other than personally identifiable information,
which is covered under the Privacy
Policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary. We
will have no obligations with respect to such material. We and
our nominees will be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images, sounds,
text and other things embodied therein for any and all commercial
or non-commercial purposes.9.2 You are prohibited from posting or transmitting
to or from this Website any material:
(a) that is threatening, defamatory, obscene,
indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach
of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary
licences and/or approvals;
(c) which constitutes or encourages conduct
that would be considered a criminal offence, give rise to
civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other
country in the world; or
(d) which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
9.3 You may not misuse the Website (including,
without limitation, by hacking).
9.4 We will fully co-operate with any law
enforcement authorities or court order requesting or directing
us to disclose the identity or locate anyone posting any material
in breach of clauses 9.2 or 9.3.
10. LINKS TO AND FROM
OTHER WEBSITES
10.1 Links to third party websites on this
Website are provided solely for your convenience. If you use
these links, you leave this Website. We have not reviewed all
of these third party websites and do not control and are not
responsible for these websites or their content or availability.
We therefore do not endorse or make any representations about
them, or any material found there, or any results that may be
obtained from using them. If you decide to access any of the
third party websites linked to this Website, you do so entirely
at your own risk.
10.2 If you would like to link to this Website,
you may only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject to the
following conditions:
(a) you do not remove, distort or otherwise
alter the size or appearance of any logo;
(b) you do not create a frame or any other
browser or border environment around this Website;
(c) you do not in any way imply that we are
endorsing any products or services other than our own;
(d) you do not misrepresent your relationship
with us nor present any other false information about us;
(e) you do not otherwise use any Axis trade
marks displayed on this Website without our express written
permission;
(f) you do not link from a website that is
not owned by you; and
(g) your website does not contain content
that is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws
and regulations.
We expressly reserve the right to revoke the right granted
in this clause 9.2 for breach of these terms and to take any
action we deem appropriate.
10.3 You shall fully indemnify us for any
loss or damage we or any of our group companies may suffer
or incur as a result of your breach of clause 9.2.
11. TRADEMARKS
11.1 Axis, axispropertyinvestment.com, axispropertyinvestment.co.uk
and/or other Axis services referenced in this website are either
trademarks or registered trademarks of Axis in the UK and/or
other countries.
11.2 Other product and company names mentioned
in this website may be the trademarks or registered trademarks
of their respective owners.
12. COPYRIGHT 12.1 The right of Axis to be identified as the Author of the Work has
been asserted in accordance with the Copyright, Designs and Patents
Act 1988, England.
12.2 All website
design, text, graphics, spreadsheets, the selection and arrangement
thereof, and all software compilations, underlying source code,
software (including applets) and all other material in this
website are copyright Axis or its content and technology providers.
12.3 All rights reserved worldwide. No part
of this publication may be reproduced or transmitted in any
form or by any means without the prior written permission of
the publisher.
12.4 Any other use of materials in this website
- including reproduction, modification, distribution, or republication
- without the prior written permission of Axis is strictly prohibited
12.5 Permission is granted to print a single
hard copy version of this website solely for your own purpose.
13. DISCLAIMER
13.1 Whilst we endeavour to ensure that the
information on this Website is correct, we do not warrant the
accuracy and completeness of the material on this Website. We
may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice.
The material on this Website may be out of date, and we make
no commitment to update such material.
13.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provides you with this Website on the basis that we excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.3 Axis recommends and advises you to take independent financial and legal advice regarding your own circumstances before entering into any property transactions or adopting any strategies referred to on this website or in any training material provided by Axis or it’s sister company, New Vision. Past history shows us that property can go down as well as up in value.
13.4 Axis has endeavoured to provide the highest quality information and advice, backed up by substantial experience and proven evidence from the marketplace. However, individual interpretation of information may vary, and individual circumstances, skills, abilities, knowledge and attitude play an important part in achieving a particular outcome. In addition, the future behaviour of the property market may not follow past experience, either nationally or locally. For this reason Axis does not warrant, guarantee or promise that you will make a profit from any property transaction entered into, whether as a result of acting on information contained within this website or otherwise.
13.5 Nothing on this Website constitutes
an invitation or offer to buy the properties listed on the
Website, details of which are provided for informational purposes
only.
13.6 We strongly recommend that you continue to learn
and research about the property investment market, specifically
accessing current comment and observation on a regular basis.
Do not rely on Axis as your only information source.
13.7 Within this website and other information provided by Axis, there are references to, and comments about, other services and advice provided by other businesses and individuals. Axis has not been authorised, sponsored, endorsed or approved by these businesses or individuals, except where specific reference is made to the sponsorship, endorsement or approval.
13.8 To the fullest extent permitted at law, Axis is providing this website, it's subsidiary elements and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, advice and recommendations, warranties of merchantability and fitness for a particular purpose. In addition, Axis do not represent or warrant that the information accessible via this website is accurate, complete or current.
13.9 To the fullest extent permitted at law, neither Axis nor any of its affiliates, partners, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
14. PARTICIPATION IN INVESTMENT OPPORTUNITIES
14.1 Axis provides details about property
investment opportunities. This detail may include, but not be
limited to market research, third party sources, statistics, forecasts,
reports, website data collectively referred to as “Information.”
Axis endeavours to provide accurate, up-to-date and complete information
but makes no warranties or representations as to the accuracy,
reliability or completeness or otherwise of the Information. Axis
assumes no responsibility or liability for any omissions or errors
contained in the Information.
14.2 Descriptions
Of Property, Homes, Buildings, Locations Or Developments 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.
14.3 Axis does not control the building or development
of any opportunity. You acknowledge that developers reserve the
right to alter plans, designs and specifications at any time without
prior notice. Axis therefore will not be responsible for any such
changes. All descriptions are intended only as a general guide
and are not to be relied upon by you or other interested parties
as a statement or representations of fact but you should satisfy
yourself by inspection or otherwise.
14.5 No warranties or representations are given that the contents of
the website or information otherwise distributed will reflect
the most recent plans, designs or specification.
14.6 Axis offers opportunities for property investment
through our website, email, postal correspondence, telephone,
face-to-face contact or other appropriate means.
14.7 Axis endeavours to provide you with opportunities
that are sound and reliable. Axis may speculate on the level of
investment required and the potential returns. These will vary
from investor to investor depending on their particular circumstances
and the way in which they finance their investments.
14.8 Any such speculation is based on our research
and analysis, which many include the advice and guidance of suitable
qualified third parties including but not limited to RICS Surveyors,
Accountants and Solicitors. Due to the speculative nature of such
opportunities the information we provide should be considered
our ‘opinion’ and not a definitive judgement on the
nature of the particular investment opportunity.
14.9 Investors are required to conduct their own due
diligence and make their own judgement upon the investment being
offered. Investors must verify the Information and any Speculative
opinion offered by Axis. Investors are strongly recommended to
perform their own financial and legal assessment of any opportunity
prior to making any commitment to participate.
14.10 Axis does not provide or offer an opinion as to
whether a particular investment is appropriate for a particular
investor. Axis only offers an Opinion on the investment opportunity
in general terms and in relation to the market as a whole.
14.11 Investors should always be aware
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 your originally invested. If you are in doubt
about any investment decision you should seek the advice of a
suitably qualified professional.
15.
LIABILITY
15.1 We, and any other party (whether or not
involved in creating, producing, maintaining or delivering this
Website), and any of our group, associated or subsidiary companies
and the officers, directors, employees, shareholders or agents
of any of them, exclude all liability and responsibility for
any amount or kind of loss or damage that may result to you
or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money,
or loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in connection with this
Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked
to this Website or the material on such websites, including
but not limited to loss or damage due to viruses that may infect
your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website
or your downloading of any material from this Website or any
websites linked to this Website.
15.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
15.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
15.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
16. FEES
16.1 Fees for participation in investment
opportunities introduced to you by Axis may vary. However, fees
will always be disclosed to you before you commit to participate
in any opportunity.
16.2 Unless otherwise agreed in writing by
us, the reservation of an investment opportunity should be accompanied
by the relevant fees, including but not limited to the Developers
reservation fee and Axis finders fee. These fees are usually
payable to the Developer and to Axis and are non-refundable,
unless expressly agreed otherwise in writing by us.
16.3 Axis strongly recommends that if your
require mortgage finance to proceed with the purchase, you make
your own investigations about your financial status prior to
reserving a property. If you do not proceed to exchange of contracts
then fees paid – including the Developer’s reservation
fee and the Axis finders fee are forfeit.
16.4 Axis may also charge a Financing Fee for the use
of our financing package. This will be payable at the time of
arranging finance and may be paid to Axis or the nominated solicitor
at Axis’s discretion.
16.5 The deposit on exchange of contracts is payable
to the Axis nominated solicitor who will hold the monies until
such time as legal completion of the property and ownership
by you. The deposit on exchange will usually be requested shortly
after the reservation is made. This ensures that the money is
available to exchange contracts within the time agreed with
the Developer.
16.6 Axis reserves the right to withdraw the opportunity
to purchase any property procured by us if you fail to pay Axis
fees in full and at the appropriate time.
17. RESTRICTIONS
17.1 If you, within one year of the date
an opportunity was originally introduced to you by Axis
- engage in any capacity directly with a supplier or developer
originally introduced to you by us,
- or engage with the supplier or developer over new opportunities,
- or if you or a member of staff refers an opportunity introduced
by you to us to another person or body, and that person or
body engages in any capacity directly with the supplier or
developer of that opportunity,
- then you will be liable to pay our fee at the prevailing rate.
18. THIRD PARTIES RECOMMENDED TO YOU BY US
18.1 Axis will endeavour to recommend solicitors,
mortgage brokers, furniture suppliers, and estate agents or other
third parties (“Third Parties”) who offer a service
or product deemed to be of good quality and reasonable cost.
18.2 However, Axis makes 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.
18.3 If you make any arrangements with a Third Party found on or via our website or recommended to you by us, it is at your sole risk and responsibility.
19. CONFIDENTIALITY
19.1 Confidential Information means all information relating
to current or prospective investment opportunities, our customers
and prospective customers, 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.
19.2 You undertake to us that in consideration
of us making such information available to you, 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. In particular, such information
shall not be passed to other people who have not registered
with Axis, except for your professional advisors for the purpose
of providing advice to you on the specific opportunity.
19.3 Confidential information 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.
19.4 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).
20. SUSPENSION OR CANCELLATION OF SERVICE
20.1 Axis reserves the right to cancel
your access to our Services any time. We may suspend, restrict,
reduce or cancel your access immediately if you breach or appear
likely to breach any of these terms.
20.2 You may cancel your registration at any time by writing to us, or emailing us. Upon cancellation you will become liable to pay any outstanding fees, monies or costs owed to us immediately.
21. GOVERNING LAW AND JURISDICTION
21.1 These terms and conditions shall be governed
by and construed in accordance with English law. Disputes arising
in connection with these terms and conditions shall be subject
to the exclusive jurisdiction of the English courts.
21.2 We do not warrant that materials/items
for sale on the Website are appropriate or available for use
outside the United Kingdom. It is prohibited to access the Website
from territories where its contents are illegal or unlawful.
If you access this Website from locations outside the United
Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
22. MISCELLANEOUS
22.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
22.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
22.3 Only the parties to these terms and conditions
may seek to enforce them under the Contracts (Rights of Third
Parties) Act 1999.
22.4 Axis reserves the right to change these Terms
at any time. We will give you 7 days notice by posting notice
on the website and sending you either postal notification or
an email. If you do not want to accept any new terms you must
inform us immediately by writing or emailing us. Failure to
do this will result in you being deemed to have accepted such
new terms.
22.5 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:
- 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;
- or 48 hours after posting correspondence to the address
specified by you, during registration or any changed address
subsequently notified to us;
- and, in the case of you communicating with us, twelve hours after an email is sent to info@axiscontact.com, or 48 hours after a Recorded Delivery Letter is sent to Axis at our registered office as detailed above