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Barrasford & Bird Worldwide Terms of Business
1. Terms
1.1 The following terms of business (the "Terms") form the basis of the agreement between Barrasford and Bird Worldwide a company incorporated in England under the Companies Acts (Company Number 05442662) and having its registered office at 6 Houndiscombe Road, Plymouth, Devon, PL4 6HH ("Barrasford and Bird Worldwide") and You (the "Agreement").
1.2 Barrasford and Bird Worldwide act as developer and agent of overseas and UK property for holiday use and investment. We provide You with the opportunity to hold reserve and agree to purchase properties listed on www.bandbw.co.uk (the "Website").
1.3 Barrasford and Bird Worldwide may also, but do not have to, provide additional assistance after You have agreed to purchase a property.
2. Registering
2.1 By submitting and registering Your details with us over the telephone or via our website You agree to be bound by these terms.
3. Information contained on the Website
3.1 The Website may contain information about properties available for purchase from a third party, the value of the properties and the level of investment required to purchase the properties (the "Property Information"), and the potential return that could be made by purchasing the properties (the "Financial Information").
3.2 For the avoidance of any doubt Barrasford and Bird Worldwide IS NOT regulated or licensed by the Financial Services Authority (FSA) to give investment or financial advice or to provide any tax or legal advice. All information provided by Barrasford and Bird Worldwide is intended as general information and should never be treated as giving advice or making a recommendation.
3.3 Commercial property purchased into a SIPP or any other regulated product is not covered by the financial services compensation scheme.
3.4 If You are going to rely on any of the Property Information or Financial Information, especially if relying on it could change Your financial or legal position, Barrasford and Bird Worldwide strongly advise You exercise the same care and caution as You would normally use when making a substantial financial investment. In particular You carry out an independent legal and financial assessment. Please remember that the price and value of any property can go down as well as up. This can mean that You may get back less than the amount You originally invested.
4. Third Parties
4.1 Because Barrasford and Bird Worldwide are not regulated by the FSA we recommend that You seek Your own professional independent advice. We can pass on Your details onto firms which other clients have had experience of using so they can provide You with appropriate advice, but this is completely Your decision and their advice and opinions are completely separate of our own. This includes the use and suitability of SIPPs and other regulated products, advice on pension transfers and the use of pension funds for alternative investments.
4.2 Barrasford and Bird Worldwide cannot be held responsible for the advice given by Third Parties.
4.3 If You are going to rely on any advice or information provided by them (”Third Parties”), especially if relying on it could change Your financial or legal position, Barrasford and Bird Worldwide strongly advise You exercise the same care and caution as You would normally use when consulting such a Third Party.
5. Properties offered by Barrasford and Bird Worldwide
5.1 We will offer You opportunities for investment, by using email, our web sites, post, telephone, or other appropriate means. We will endeavour to provide You with opportunities of a sound and reliable nature. We will speculate on the level of investment required and the potential returns. This is based on our research and analysis, which may include the advice and guidance of qualified third parties (such as RICS registered surveyors, accountants or solicitors). Due to the speculative nature of such opportunities the information we provide should be considered our 'opinion'.
5.2 Where the Property is in the process of being built or is yet to be built, the Seller may make alterations to the plans, designs, specifications, particulars, pictures and/or artists' impressions. The plans, designs, specifications, particulars, pictures and/or artists impressions (as may be revised from time to time) may be available for inspection on the site being developed or in the relevant regional office of the Seller.
5.3 Although Barrasford and Bird Worldwide will inform You about any alteration to the plans, designs, specifications, particulars, pictures and/or artists' impressions that they become aware of, it is Your responsibility to check the most up-to-date position with the Seller before committing to any Property and to continue to check what, if any, alterations have been made while the Property is being built.
6. Holding and Reserving a Property
6.1 You are able to reserve Property; this means that provided You comply fully with terms 6.3, 6.4, 6.5 no other Barrasford and Bird Worldwide client will be able to place that Property on hold.
6.2 Barrasford and Bird Worldwide will confirm to you, details of any Property that You have placed on hold and the reservation fee payable. We will then send the reservation form to You by post, email or fax.
6.3 Barrasford and Bird Worldwide must receive Your reservation fee in the form of a BACS transfer or credit card payable to Barrasford and Bird Worldwide (unless otherwise stated on the Website) on the same day as reservation in order to place a Property on hold.
6.4 If Barrasford and Bird Worldwide do not receive Your reservation fee or payment is rejected, Your reservation placed on the Property will be removed and the Property will be re-listed for sale.
6.5 Once Barrasford and Bird Worldwide have confirmed Your reservation form and payment has been received, the Property will be reserved (the "Reservation") for a reasonable period for You to be able to enter into a legally binding contract to purchase the Property (the "Contract"), for example exchange contracts in England or conclude missives in Scotland. Usually this occurs within 28 days from the initial deposit payment being received.
7. SIPPs (Self Invested Personal Pensions) & SSAS (Small Self-Administered Scheme)
7.1 Clients must ensure they are satisfied and have carried out all necessary due diligence themselves before considering the suitability of a SIPP or a SSAS and pension funds being used to purchase commercial property.
7.2 Barrasford and Bird Worldwide have no control or influence on the terms of business, regulated advice and fees associated with the set up and on-going management of part or whole of a SIPP or a SSAS.
8. Changing and ending the Agreement
8.1 Barrasford and Bird Worldwide may change these Terms from time to time by giving no less than 30 days’ notice. You will be notified of any change to these Terms by email and an announcement will be posted on the Website.
8.2 If You decide not to accept any change made to the Terms and Conditions You must inform Barrasford and Bird Worldwide, in writing, within 3 working days of receiving the e-mail, otherwise You will be deemed to have accepted the change.
9. Your Personal Information and Data protection
9.1 Your personal information collected by Barrasford and Bird Worldwide may be used by Barrasford and Bird Worldwide to deal with any request You have made using the Website. Barrasford and Bird Worldwide will also use and analyse the information collected so that Barrasford and Bird Worldwide can administer, support, improve and develop Barrasford and Bird Worldwide’s business.
9.2 Barrasford and Bird Worldwide may use Your personal information to contact You for views on the services provided by Barrasford and Bird Worldwide and to notify You occasionally about important changes or developments to these services. Further, Barrasford and Bird Worldwide may use Your information to inform You about other products and services which Barrasford and Bird Worldwide offer which may be of interest to you. If You do not wish to be contacted by Barrasford and Bird Worldwide, please let us know in writing.
9.3 If any of Your personal details change You should inform Barrasford and Bird Worldwide as soon as possible. You can do this by sending an email to info@bandbw.co.uk
9.4 Barrasford and Bird Worldwide are registered with the Information Commissioner's Office, registration number – Z3567210
10. Entire Agreement
10.1 It is intended that this Agreement contains the entire Agreement between You and Barrasford and Bird Worldwide and supersedes any previous Terms in relation to the matters with which it deals.
10.2 Other than as expressly set out in this Agreement; You accept and agree that You were not induced to enter into this Agreement in reliance of any statement, warranty or representation which is not repeated in this Agreement.
10.3 If this Agreement does not set out all of the Terms of Barrasford and Bird Worldwide's agreement with You, You must notify Barrasford and Bird Worldwide in writing within 5 days of any such statement being made.
10.4 If during the course of this Agreement Barrasford and Bird Worldwide have made any additional statements on which You are relying, You must notify Barrasford and Bird Worldwide in writing within 5 days of any such statement being made.
11. Notices
11.1 Any notice to be given to You under this Agreement can only be:
11.1 a) delivered to You personally at the address provided by You in Your Registration Form; or
11.1 b) e-mailed to You at the e-mail address provided by You in Your Registration Form.
11.2 Any notice to be given to Barrasford and Bird Worldwide under this Agreement can only be:
11.2 a) delivered to Barrasford and Bird Worldwide, 14 Plymouth Road, Tavistock, Devon, PL19 8AY
11.2 b) e-mailed to Barrasford and Bird Worldwide on info@bandbw.co.uk
11.3 A notice is deemed to have been served if:
11.3 a) personally delivered, at the time of delivery;
11.3 b) sent by e-mail, 12 hours after the e-mail was sent.
11.4 In proving service it is sufficient to prove that personal delivery was made, or that the print of the e-mail containing the notice was properly addressed.
12. This Agreement is governed by the laws of the UK.
Barrasford & Bird Worldwide Website Terms and Conditions
1. Introduction
Barrasford and Bird, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising www.bandbw.co.uk ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
6. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
7. Alterations
Barrasford and Bird reserve the right to change the Terms and Conditions of this site without notice. All amended Terms become effective upon our posting to the site, and any use of the site after such revisions have been posted signifies your consent to the changes. It is the responsibility of all visitors to this site and the subsidiary sites to ensure that they are fully aware of the most up to date version of the site contents and of these terms.
8. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
9. General
9.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
9.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
9.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
9.4 Waiver
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
9.5 Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
9.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
9.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
9.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
10. Privacy Policy - Our Commitment To Privacy
In order to protect your privacy this notice is provided to describe our online information practices and the choices available to you about the way your information is collected and used. Links to this notice are visible on our homepage and at every point where personal information may be requested.
11. The Information We Collect
This notice applies to all information collected or submitted on this website. On some pages, you can request a call, or even join our mailing list. The types of personal information Barrasford and Bird collects on these pages are your: Name, Email address and Phone number. Barrasford and Bird do not however collect this information:Credit/Debit Card Information
12. Cookies
Cookies are small pieces of information that are stored by your browser on your hard drive. Our cookies do not contain any personally identifiable information, but they do enable us to track the pages you visit on the site. Cookies may also enable you to enter sections of the Website without having to supply certain information each time. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent this. A cookie cannot read data from your hard drive.
13. The Way We Use Information
The information you provide about yourself when making contact with Barrasford and Bird Worldwide, any form of contribution or submission of information can be used in our programmes and activities to make contact with you and to send you up-to-date information about us or the Countries within which we operate. We will not share the personally identifiable information provided to us with third parties. You can opt-out of this at any time. Barrasford and Bird use non-identifying and aggregate information to monitor the performance of our website and to optimize our advertising activities. For example, we may tell an advertiser that a certain number of individuals visited a certain area on our website, or that a certain number of men and a certain number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. Barrasford and Bird never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
14. Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Barrasford and Bird have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
15. Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, Barrasford and Bird never collect or maintain information on our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
16. How You Can Access Or Correct Your Information
You can access all your personally identifiable information that Barrasford and Bird collects and maintains by contacting us. Factual errors in your personally identifiable information can be corrected by sending us a request that credibly shows error. To protect your privacy and security, Barrasford and Bird will also take reasonable steps to verify your identity before granting access or making corrections.
17. How To Contact Us
Should you have other questions or concerns about these privacy policies, please contact us be email to info@bandbw.co.uk or by telephone on 0800 1 303 101.
18. Copyright Notice Effective 1 Jan 2007
Copyright © Barrasford and Bird 2007. All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright of Barrasford and Bird and its affiliates or content and technology providers. In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner. For rights clearance please contact us by email at info@bandbw.co.uk or by telephone on 0800 1 303 101.
19. TradeMarks
TradeMarks are covered in the Terms and Conditions section above. Please see also our Privacy Policy section above.