Terms and Conditions

Definitions

The terms “we”, “us”, and “our” refer to Build Assets for Life Ltd

The terms “user”, “you”, and “your” refer to site visitors, clients, and any other users of the site.

The term “Site” refers to the Build Assets for Life Ltd website www.buildassetsforlife.co.uk

The term “Visitor” means anyone who visits or browses our Site.

The term “Services” means the property management services displayed on our website.

The term “Client” means a Visitor to our Site who intends or has or is using our Services displayed on our Site.

Using our Site

To access or use our Site, you must be 18 years of age or older and have the necessary power and authority to enter these Terms and Conditions. Children and minors under the age of 18 are prohibited from using the Site.

Information provided on the Site and related to the displayed Services or their description or any other information is subject to change. Build Assets for Life Ltd gives no guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Build Assets for Life Ltd disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

       1. Specific Term

In the event that you appoint us as your property managing agent and we advertise any of your property on our Website and another third-party website, your relationship with us will be governed by our Partner Terms and Conditions (a copy of which can be accessed via the Registered User Areas or provided upon request) (our “Specific Terms”).

       2. Payment and Charges

• You agree to pay all costs and charges related to the Services we provide for you set out on our website or agreed later with our Team and to use the appropriate payment facilities and secure processes facilitated by Count up Account and that you agree to read and comply with their terms and conditions relating to payments. detailed terms and payment processes, costs, and charges. Prices and costs may change from time to time in the normal course of business practice.
• Before we start souring property for investors, you will need to deposit an activation fee into the company’s client account which will then commit us to search for properties. If we are unable to fulfill your requirements, the payment is refunded after 2 months. However, this deposit is not refundable within the first 2 months unless you are a non-business consumer able to use your right to cancel within the statutory 14-day cooling-off period. Please refer to our Refund Policy for further information or our clause on Cancellation and refunds below.

3. Payment Process

• You agree to follow our processes and procedures for paying for our Services You can pay by electronic transfer with a payment link and invoice.

4. Financial information, accounts, and verification

• To use our Site and use our Services, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any information you give will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not use your account for any illegal or unauthorized purpose. You must not, when using our Site, violate any laws in your jurisdiction. Please read our Privacy Policy for more information on your personal data.
• We may also need to undertake certain checks to comply with UK Anti-money laundering legislation and UK immigration legislation. These checks will be carried out by authorized third-party companies. These checks may include criminal records, nationality, and residence status. Please see our Privacy Policy for further information.

5. Invoices

• You agree to receive invoices from us electronically if applicable.

6. Lawful Purposes

• You may use our Site for lawful purposes only. You agree to be financially responsible for all payments you have agreed to made by you or someone acting on your behalf through the Site. You agree to use the Site for legitimate, purposes only. You shall not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

7. Site refusal

7.1          Our Services are displayed subject to our acceptance of your order or requests. We reserve the right to refuse any order, person, or entity, without having to give a reason for doing so. We cannot accept your order for our Services until we have carried out all our due diligence and verification processes as appropriate. We may at any time change or discontinue any aspect or feature of the Site, subject to us fulfilling our previous responsibilities. Please note that acceptance of your offer to use our Services may only be given in writing.

8. Cancellation and refunds

8.1          The law says that if you are a non-business consumer you can cancel a Service you have ordered online within 14 days after you have agreed to use that service for any reason. Please refer to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for further information about Cancellations. This regulation does not apply to businesses.

8.2          To withdraw from a contract for services within 14 days. In our case this applies to our property services, you must give a clear statement in writing that you wish to cancel, this may be done by sending us an email.

8.3          There may be other express and implied terms that apply to Cancelling and concern your consumer rights in general. These are set out in the Consumer Rights Act (2015), The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013), The Sale of Goods act (1979), and other pieces of legislation which you may refer to.

9. Services Description

9.1          We try to describe and display our Services as accurately as possible on our website. While we want to be as clear as possible, you should not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We and our vendors reserve the right to refuse or cancel any order with an incorrect price listing.

10. Intellectual Property Rights

10.1        Our Site contains intellectual property owned by Build Assets for Life Ltd including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.

11. Confidentiality

11.1.      Both parties agree to maintain for three years after the termination of this Agreement any confidential data recognized as confidential and obtained from the opposite party in the course of this relationship unless required to do so by law.

11.2        You should also keep all information within this contract, during our negotiations and discussions confidential, unless it is already in the public domain or common knowledge or you have our consent.  You should maintain an appropriate standard of confidentiality and not disclose or reveal any personal information about our Website, our business, Clients, representatives, or any other people involved in Build Assets for Life Ltd. Please read our privacy policy for further information.

11.3        You will keep confidential and not disclose Confidential Information to any person except where it is expressly permitted by this Clause.

11.4        We may disclose your Confidential Information to our employees, agents, insurers, and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of your disclosed Confidential Information.

11.5        The obligations set out in this Clause do not apply to:

11.6        your Confidential Information that is publicly known or your Confidential Information that we possess before it was made available by you;

11.7        your Confidential Information that we have received from an independent third party who has a right to disclose the relevant Confidential Information; or

11.8        Your Confidential Information is required to be disclosed by law, or by a governmental authority, or regulatory body provided that we must where permitted by law give you prompt written notice of the disclosure requirement.

12. Change of Terms

12.1        We may at any time change these Terms and Conditions. Such amendments are effective from the time we have posted the new Terms and Conditions on this Site. Any use of the Site by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. We advise you to check these Terms and Conditions at regular intervals.

13. Termination

13.1        You agree that we can terminate your use or access to this Site and Services at any time without notice if you violate any of these terms and Conditions. The duration of the contract for Services will be set out in a separate agreement. These terms and conditions can be terminated at any time for any reason by mutual agreement. You agree that we can terminate your use of our Services at any time without notice if You violate any of these terms and Conditions including any Licensing Agreements.

13.2        The duration of the contract depends on the service option you have chosen and will be stated in an appendix at the end of this agreement which will set out further details

13.3        The license agreement automatically terminates if you are no longer trading, become bankrupt or the company is wound up or liquidated.

13.4        This agreement can be terminated at any time for any reason by mutual agreement.

14           Liability

14.1        Nothing in the Agreement will:

(a)          limit or exclude the liability of a party for death or personal injury resulting from negligence;

(b)          limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

(c)           limit any liability of a party in any way that is not permitted under applicable law; or

(d)          exclude any liability of a party that may not be excluded under applicable law.

14.2        We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

14.3        We do not guarantee the results or outcomes, that may be obtained from the use of our Services.

14.4        You agree that from time to time we may reasonably remove the Service for indefinite periods or cancel the service at any time, without notice to you.

14.5        We will not be liable in respect of any loss of your profits, income, revenue, or anticipated savings or earnings.

14.6        We will not be liable for any loss of your business, contracts, or commercial opportunities.

14.7        We will not be liable in respect of any loss or corruption of any data, database, or software.

14.8        Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.

14.9        Neither party will be liable for any losses arising out of a Force Majeure.

14.10     In no case will we, our employees or representatives be liable for indirect, incidental, consequential, or any other remedies as a result of using our Services or by any other third parties. Additionally, we are not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of, or unauthorized access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not.

14.11     Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.

15           Third-Party Links

15.1.      Our Site contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Build Assets for Life Ltd. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

16           Right to take action

16.1.      If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.

17           Indemnification

17.1.      You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the Site. You will provide us with any help that we might ask for in connection with any such defense without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defense without our previous written permission.

18           Climate Assurance

18.1.      Both parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital forms and communication instead of paper forms or using non-plastic items.

18.2.      Either party should use all reasonable efforts to make sure that any necessary third party, use such documents or plastic and perform such acts as may reasonably be required for reducing the Carbon footprint as a measure to protect the environment.

19           Notices

19.1.      All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:

Build Assets for Life Ltd

45, Darras Road

Manchester M18 7PS

info@buildassetsforlife.co.uk

20           Entire Agreement

20.1.      These Terms and Conditions including our Privacy, Refund, Anti-money laundering, and Cookie Policy and any attachments, schedules, and appendices are the whole agreement between Build Assets for Life Ltd and you which cancels all other verbal or written understandings concerning this agreement which were made outside this agreement. Build Assets for Life Ltd state that they are not liable for any misrepresentations they made before and outside this agreement.

21           Appendices

21.1      We may include an appendix to this agreement which is a supplement giving more specific and additional details and clauses concerning our 3 service options. This appendix  will be a binding part of this agreement

22           Reliance on these Terms.

22.1.      We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between us. We and you will be legally bound by these Terms.

23           Events or circumstances beyond our reasonable control

23.1        Where an event beyond our reasonable control known as a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.

23.2        A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;

23.2.1      must notify the other; and

23.2.2      will inform the other of the period for which it is estimated that such failure or delay will continue.

23.2.3      the affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.

24           Severability

24.1.      If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with the law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.

25           Assignment

25.1.      This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.

26           Governing law

26.1.      You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the Laws of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation adjudication and mediation resolution described in clause 27 below.

27           Dispute Resolution

27.1.      Any dispute relating to this Agreement, cannot be resolved by negotiation between the parties.

27.2.      Failing the above or for any disputes within 14 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. However, this does not cancel out clause 28 below which applies to all other legal costs. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to clause 26.1 above.

28           Recovery of Legal Costs

28.1.      If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to.