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TERMS & CONDITIONS
 The website www.buytoletinvestors.com (hereafter referred to as ‘the website’ and ‘this document’) is the property of Buy To Let Investors Ltd (hereafter referred to as ‘BTLI’).
The terms ‘you’, ‘your’ and ‘investor’ refer to any individual, company or business, whether registered with BTLI or not, to whom BTLI provides goods and/or services.
These terms and conditions (‘the terms’) apply to the use of the website, all correspondence and/or contractual relationships entered into between BTLI and you whether via email, telephone, fax or other communication including downloadable documents.
By accessing the website and/or registering and/or placing an order, you agree to be bound by these terms and conditions. Using the 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 the website.
These terms govern the relationship between BTLI and you and take precedence over any other conditions, even if such conditions purport to take precedence. Please read them carefully.
www.buytoletinvestors.com is operated by:
Buy To Let Investors Ltd.
Registered in England No 5620271.
Registered Office: Provincial House, 3 High Street, RYDE. PO33 2PN
BTLI 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’.
We may revise these terms at any time by updating this document so it is a good idea to check this section of the website from time to time as you are bound by them. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the website. If you do not wish to accept any new terms after we have given notice, you should not continue to use the website.
There are two types of contract that you may enter into:
1. We, and any other party (whether or not involved in creating, producing, maintaining or delivering the 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 the website in any way or in connection with the use, inability to use or the results of use of the 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 the website or your downloading of any material from the website or any websites linked to this website.
2. A contract between yourself and the Developer of a property, where BTLI is acting as an independent Agent on behalf of the Developer.
a. Where the contract exists between yourself and BTLI, we may refuse to accept an order:
i. where goods are not available
ii. where we cannot obtain authorisation for your payment
iii. if there has been a pricing or product description error
iv. if you do not meet any eligibility criteria set out in our terms and conditions
v. for any other reason at our sole discretion.
b. Where the contract exists between yourself and a Developer:
i. The Developer may refuse to accept an order for any reason at their sole discretion.
ii. Under no circumstances shall BTLI be liable for any damages, contingent or otherwise, if the Developer refuses to accept an order from an Investor.
3. All credit card orders are transacted through Barclaycard Business Services.
4. Payment by cheque or bank transfer is also acceptable and the contract will commence on receipt of cleared funds.
5. BTLI may accept payment on behalf of a Developer and will pass that money on to the Developer forthwith. Once that money has been passed on, BTLI shall no longer have any interest in the transaction and shall not be liable for any future disputes, about the payment or otherwise, between the Investor and the Developer.
6. All prices exclude VAT (where applicable) at the current rates.
7. 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. BTLI may make limited price incentives available from time to time, but shall not be bound by such price incentives outside the specified time, as described.
8. If you wish to cancel your order you can notify us by email This email address is being protected from spam bots, you need Javascript enabled to view it
9. Transactions with BTLI are business-to-business and as such fall outside the scope of the Distance Selling Regulations. You may cancel a contract for the purchase of goods or services up to 3 working days after the order has been placed, 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 subsequently, which will make it impossible or costly to cancel the transaction.
10. 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.
11. You are permitted to print and download extracts from the website for your own use on the following basis:
a. documents or related graphics must not be modified in any way
b. graphics are not to be used separately from accompanying text
c. our copyright and trade mark notices and this permission notice must appear in all copies
12. All copyright and other intellectual property rights in all material on the website (including all photographs and graphic images) are owned by us or our licensors, unless otherwise stated. For the purpose of these terms, any use of extracts from the website for any reason is prohibited (other than in accordance with the above clause). If you breach any of these terms, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts.
13. Subject to the aforementioned clause, no part of the 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.
14. Any rights not expressly granted in these terms are reserved.
15. The right of BTLI to be identified as the Author of the Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, England .
16. 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 the website are copyright BTLI or its content and technology providers.
17. 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.
18. Any other use of materials in the Website - including reproduction, modification, distribution, or republication - without the prior written permission of BTLI is strictly prohibited
19. Permission is granted to print a single hard copy version of the Website solely for your own purpose.
20. While we endeavour to ensure that the information on the website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on the website, or to the products and prices described in it, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.
21. The material on the 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 the 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 the website.
22. BTLI 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 the Website or in any training material provided by BTLI. Past history shows us that property can go down in value as well as up.
23. BTLI 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 BTLI 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 the Website or otherwise.
24. Nothing on the website constitutes an invitation or offer to buy the properties listed, details of which are provided for informational purposes only.
25. We strongly recommend that you continue to learn about and research the property investment market, specifically accessing current comments and observations on a regular basis. Do not rely on BTLI as your only information source.
26. Within the website and other information provided by BTLI, there are references to, and comments about, other services and advice provided by other businesses and individuals. BTLI has not been authorised, sponsored, endorsed or approved by these businesses or individuals, except where specific reference is made.
27. To the fullest extent permitted at law, BTLI is providing the website, its subsidiary elements and contents on an ‘as is’ basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to the Website or its contents including, without limitation, advice and recommendations, warranties of merchantability and fitness for a particular purpose. In addition, BTLI do not represent or warrant that the information accessible via the website is accurate, complete or current.
28. To the fullest extent permitted at law, neither BTLI 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 the website or downloadable documentation. 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.
29. BTLI provides details about property investment opportunities. This may include, but not be limited to, market research, third party sources, statistics, forecasts, reports and website data collectively referred to as ‘information’. BTLI endeavours to provide accurate, up-to-date and complete information but makes no claims or representations as to the accuracy, reliability or completeness or otherwise of the information. BTLI assumes no responsibility or liability for any omissions or errors contained in the information.
30. Descriptions of property, homes, buildings, locations or development particulars, specifications, pictures and artist 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.
31. BTLI 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. BTLI 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 representation of fact but you should satisfy yourself by inspection or otherwise.
32. No warranties or representations are given that the contents of the website or information otherwise distributed will reflect the most recent plans, designs or specifications.
33. BTLI offers opportunities for property investment through our website, via email, postal correspondence, telephone, face-to-face contact and any other appropriate means.
34. BTLI endeavours to provide you with opportunities that are sound and reliable. BTLI 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.
35. Any such speculation is based on our research and analysis, which may 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.
36. 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 BTLI. Investors are strongly recommended to perform their own financial and legal assessment of any opportunity prior to making any commitment to participate.
37. BTLI does not provide or offer an opinion as to whether a particular investment is appropriate for a particular investor. BTLI only offers an Opinion on the investment opportunity in general terms and in relation to the market as a whole.
38. 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 you originally invested. If you are in doubt about any investment decision you should seek the advice of a suitably qualified professional.
39. We, and any other party (whether or not involved in creating, producing, maintaining or delivering the 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 the website in any way or in connection with the use, inability to use or the results of use of the 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 the website or your downloading of any material from the website or any websites linked to this website.
40. Nothing in these terms shall exclude or limit our liability for:
a. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
b. fraud
c. misrepresentation as to a fundamental matter
d. any liability which cannot be excluded or limited under applicable law
41. If your use of material on the website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs incurred.
42. 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 the website, or the use by any other person using your registration details.
43. Fees for participation in investment opportunities introduced to you by BTLI may vary. However, fees will always be disclosed to you before you commit to participate in any opportunity.
44. Unless otherwise agreed by us in writing, the reservation of an investment opportunity should be accompanied by the relevant fees, including but not limited to the Developer’s reservation fee and BTLI finder’s fee. The finder’s fee is payable to BTLI within 3 days of reservation for each property purchased.
45. Following exchange of contracts, or 6 months from reservation, whichever occurs sooner, the finder’s fee is non-refundable and BTLI cannot be held responsible for specific performance of any third party vendor.
46. BTLI strongly recommends that, if you 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 any reservation fees paid are forfeited.
47. BTLI 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 BTLI or the nominated solicitor at BTLI’s discretion.
48. BTLI reserves the right to withdraw the opportunity to purchase any property procured by us if you fail to pay our fees in full and at the appropriate time.
49. If, within one year of the date an opportunity was originally introduced to you by BTLI, you 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.
50. BTLI will endeavour to recommend solicitors, mortgage brokers, furniture suppliers and estate agents or other third parties who offer a service or product deemed to be of good quality and reasonable cost.
51. However, BTLI makes no warranties or representations as to the reliability of the services provided by third parties and assumes no responsibility or liability for their actions, omissions or errors.
52. 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 own risk and responsibility.
53. 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.
54. 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 BTLI, except for your professional advisors for the purpose of providing advice to you on the specific opportunity.
55. 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.
56. 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).
57. BTLI 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.
58. 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.
59. These terms 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.
60. You may not assign, sub-license or otherwise transfer any of your rights under these terms.
61. 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.
62. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
63. BTLI reserves the right to change these terms at any time.
64. 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:
a. in the case of us communicating with you, twelve hours after we send an email to the email address you have specified, during registration or any changed email 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
b. in the case of you communicating with us, twelve hours after an email is sent to us or 48 hours after a Recorded Delivery Letter is sent to BTLI at our registered office as detailed above. |
