Terms and Conditions
References to "we", "us" and "our" are references to Paragon Investment Properties UK (PIPUK).
The terms "you", "your" and "investor" refer to any individual, company or business to whom we provide our Services by any means including, but not limited to, telephone, face-to-face contact, postal correspondence, electronic mail or via our website www.paragonip.co.uk hereon referred to as The Site.
These Terms and Conditions (the "Terms") shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully.
Your attention is in particular drawn to the clause on Liability below.
We provide an advice and procurement service for property and property related goods and services in the UK, referred to hereon as the "Service" or "Services".
DATA PROTECTION AND YOUR PERSONAL INFORMATION
We will treat your personal information as confidential and comply with all applicable UK Data Protection legislation currently in force.
We will use such information to send you correspondence and information which, in our opinion, may be of interest to you.
INFORMATION PROVIDED BY US
We provide details about investment opportunities, in the form of, but not limited to market research, statistics, forecasts, reports, herein referred to as "Information". We provide Information obtained from a number of third party sources.
Whilst we endeavour to provide accurate, up-to-date and complete Information we make no warranties or representations as to the accuracy, reliability or completeness or otherwise of the Information and assume no responsibility or liability for any omissions or errors contained in the Information.
OUR INVESTMENT OPPORTUNITIES
We will use best endeavours to provide you with opportunities, which we believe to be of a sound, reliable and beneficial nature. We will give our opinions on yields, returns and the level of investment required. Our opinions will be based on research and analysis within the sector and will be supplemented with the advice and guidance of qualified third parties. Due to the speculative and constantly changing nature of such opportunities the information provided by us should be considered our 'opinion'. Prospective Investors and Clients of PIPUK are advised to form their own opinions and judgments upon the investment opportunities being offered and to independently verify our opinions and analysis. We strongly advise you to carry out independent assessments of all aspects of the opportunities offered to you by us, before making any commitment to participate.
You should be aware that the price and value of any investment and envisaged income can go down as well as up. If you are in doubt about any investment opportunity you should seek the advice of a suitably qualified independent person.
OUR SERVICES, SUPPLIERS AND AGENTS
We may introduce to you any investment opportunity which may include, but is not limited to property, land, homes, entire developments, whether constructed or not at the time of introduction, both in the UK and abroad, or supplier of the same, including but not limited to developers, or other intermediary agents, that have been researched, negotiated or procured by us, or in the case of property suppliers and or developers/ builders are persons or companies with whom we have an established relationship (contractual or otherwise), who would not otherwise have been known to you.
THIRD PARTIES WE RECOMMENDED TO YOU
We will recommend third parties ("Third Party" or "Third Parties") of good calibre. These may include Solicitors and Estate Agents who offer a service or product we feel to be of good quality and reasonable cost. It should be noted however, that we can make no warranties or representations as to the reliability, good conduct and client care of the services provided by Third Parties and assume no responsibility or liability for their actions, omissions or errors. Any arrangements you make with third parties we recommend will be at your sole discretion and risk.
ALL DESCRIPTIONS RELATING TO OUR INVESTMENT OPPORTUNITIES OR ANY PART THEREOF
Particulars, specifications, pictures and artists impressions of any property, home, building, location or development are supplied directly from a 'Third Party' and are provided to you in good faith and believed to be correct. You must accept that they do not form part of any offer or solicitation and are intended only as an indication and general guide.
You acknowledge and accept that developers and 'Third Parties' reserve the right to alter plans, designs and specifications at any time without prior notice. PIPUK will not therefore be responsible for any such alterations. All descriptions are intended only as an indicator and general guide and should not be relied upon by you or other interested parties as a statement or representations of fact. You should satisfy yourself by inspection or otherwise by you and/or independent experts. No warranties or representations are given that the contents of The Site or information otherwise distributed will reflect the most recent plans, designs, specification or any other detail that you may rely upon.
CONFIDENTIALITY
Confidential Information means all information relating to our business affairs and investment opportunities including any Information of a confidential nature imparted by us to you during the use of our Services.
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 and confidential and 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 only with our express permission.
- you shall promptly notify us if any Confidential Information is required by law to be disclosed by you or any other person 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).
INTELLECTUAL PROPERTY
All design, copyright, trade marks and all other intellectual property rights in or relating to The Site or information otherwise distributed by us, shall remain our property or, where applicable, is reproduced with the permission of the rights' owner, such as content suppliers, Third Parties and/or users. On the Site you may browse the contents, use any facilities and download a single copy of any material to the extent that it is expressly made available to you, but this is solely for your own personal use and you must not remove any copyright or trade mark notices. You may not modify, reproduce, distribute, republish, display, post, transmit or sell any such material for any commercial or business purpose, without our prior permission or the permission of the rights' owner.
LIABILITY
You agree acknowledge and accept that to the extent permitted by law, and in view of the numerous Third Parties and sources from which we have obtained the Information, the difficulty and impracticality of verifying these sources, that:
We are providing Information "as is", and "as given" on a "with all faults" basis and we make no representations or warranties of any kind with respect to:
- The Site information and content contained on the Site;
- The truth, accuracy, or completeness of any Information distributed to you by us, by any means
- The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the Site;
- Your ability to use the Site or that it will be available in its current or any other format
We have no control over the Information that can be accessed through, downloaded from or uploaded to the Site.
We are not responsible or liable to you for any loss of content, or material that you upload or download or transmit through the Site.
We will not be responsible or liable to you or any third party for any modification, suspension of or discontinuance of our Services.
It is entirely your decision, to use, post, submit, remove or alter information and material to us, or on, to or from the Site and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same.
We exclude all liability of any kind including for invasion of privacy, defamation, negligence or intellectual property right infringement, for the transmission or reception of information or material of whatever nature by, about or to you.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
- Any breach of these Terms; or
- Any representation, statement or tortuous act or omission including negligence arising under or in connection with these Terms; or
- Your access to or use of or inability to use our Services via the Site or otherwise; or
- Any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or
- Any action or decision taken as a result of using our Services
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Subject to the above paragraph:
- Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to £200; and
- We shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of the Services.
Where you the Investor are a consumer rather than a business no provision of this Liability clause or these Terms shall affect your rights as a consumer.
SUSPENSION OR CANCELLATION OF SERVICE
We reserve 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.
INVALIDITY
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
WAIVER
No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us supersede any previous agreement or understanding and may not be varied except in writing between us. All other Terms and Conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
THIRD PARTY RIGHTS
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any remedy or right of any third party, which exists or is available apart from that Act.
LAWS APPLICABLE
These Terms shall be governed by and construed in accordance with the laws of England and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.