Terms & Conditions
Effective date: October 2018
These Terms of Conditions & Service constitute a legal document between you, as the user of the Website, and Aequius, as the owner of the Website. Throughout these Terms of Service references to we/our/us are to Aequius and references to you/your are to you as the user of the Website.
These Terms of Service set out the general terms governing your use of the Website. They apply to you as soon as you first use the Website, and you are deemed to have agreed to be bound by them upon your first use of the Website. If you do not wish to continue to be bound by these Terms of Service then please stop using the Website immediately.
The Website may include at any given time text, graphics, images, logos, icons, sound clips, video clips and data compilations, and together with the Website’s page layout, underlying code and software, are referred to as “Content”.
All of the Content is the property of Aequius, our affiliates or third parties with whom we do business. As such, the Content is protected by the international intellectual property laws, and other relevant laws. In addition and except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (which contains what are generally known as the “fair use” provisions for copyright materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Aequius.
Relationship to Other Agreements
There are a number of other documents that you may choose to be bound by during the course of your use of the Website. For example, if you wish to invest in a property on the Website you will need to agree to a set of investment documents that include:
(i) Investor Terms and Conditions,
(ii) Shareholders’ Agreement,
(iii) Articles of Association
(iv) Management Agreement.
(v) KYC Documentation.
(vi) Investor Statements.
We refer to these documents as the “Investment Agreements”. The Investment Agreements set out the terms that govern your investment in a property on the Website and your relationship with us, and our affiliates when you invest in a property on our Website. These Terms of Service, however, govern your technical use of the Website.
The Website Agreements will continue to apply to you even after you have agreed to the Investment Agreements. If there is a conflict between the Investment Agreements that you have agreed to and the Website Agreements, the Investment Agreements will take precedence.
Except as explicitly stated in the Investment Agreements, you need to be aware that:
We make no guarantee of any specific results from entering into an investment in a property on the Website including any net income and/or the capital return realised.
The investments on this Website may not be suitable for all investors and if you are in any doubt as to the suitability of the investments, you should seek independent financial advice.
No part of this Website is intended to constitute investment or tax advice, and it is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making an investment.
The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults.
We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, to the maximum extent permitted by law.
You use the Website and its Content at your own risk.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.
We may update these Terms of Service from time to time to reflect any changes in law or for any other reason. If we do update these Terms of Service, we will upload a new version to the Website and as soon as you use the Website after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms of Service that you have, or deemed to have, agreed to. If there is a conflict between any versions of the Terms of Service to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.
We have made every effort to ensure that these Terms of Service adhere to the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, if any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.
In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.
If you wish to contact us about these Terms of Service, you may do so by sending us an email to firstname.lastname@example.org.
These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of England and Wales. In addition, you and we hereby submit to the exclusive jurisdiction of the courts of England and Wales.
We have used a few defined terms in these Terms of Service, some of which are not set out when first used. These include:
The website which means the website that you are currently using (www.aequius.co) and any sub-domains of this site unless expressly excluded by their own terms of service.
Terms of Service refers to this document.