Terms of Use
PARTNERS IN PROPERTY NETWORK LTD
Terms & Conditions
AGREED TERMS
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Company details. Partners in Property Network Limited (company number 11854771) (we and us) is a company registered in England and Wales and our registered office is at 63 Haslucks Green Road, Shirley, Solihull, B90 2ED. We operate the website https://www.partners-property.com/ (Our Website).
1.2 Contacting us. To contact us our e-mail address is info@partners property.com. How to give us formal notice of any matter under the Contract is set out in clause 17.2.
1.3 Our contract. These terms and conditions (Terms) apply to the application by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.4 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
1.5 Language. These Terms and the Contract are made only in the English language.
1.6 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
1.7 Nothing in these Terms & Conditions and Contract should be construed or interpreted as a guarantee, warranty or indemnity by us to you. We make no guarantees, warranties or indemnities in respect of the Contract, the Membership Services or any other aspect of our relationship with you.
2. Becoming a Subscribed Member
2.1 Applying for Membership. Please follow the onscreen prompts to apply for Membership or do so in person at a meeting. You may only submit an application using the method approved by the us as amended from time to time. Each application is an offer by you to become a member with access to the Services specified in the Membership plan on Our Website to which you have applied for Membership of (Membership Application), the Membership plans being:-
2.1.1 – Digital;
2.1.2 – Community;
2.1.3 – Community Annual;
together the (Membership Services) subject to these Terms. We reserve the right to alter the content and delivery of any the Membership Services from time to time as be required by us, or necessary in accordance with clause 4.
2.2 Correcting input errors. Our Membership Application process allows you to check and amend any errors before submitting your Membership Application to us. Please check any application carefully before confirming it. You are responsible for ensuring that your Membership Application is complete and accurate.
2.3 Acknowledging receipt of your Membership Application. After you submit your Membership Application, you will receive an email from us acknowledging that we have received it. Please note that
this does not mean that your Membership Application has been accepted. Our acceptance of your Membership Application will take place as described in clause 2.4.
2.4 Accepting your Membership Application. On receipt of your application we will consider the content. We are not obliged to accept an application and reserve our right to decline any application for any reason, and/or to terminate a membership for any reason and at any time including without reason or notice. Where we decline an application we will typically do so within 28 days from our acknowledgment as set out in paragraph 2.3 above. Where we do not decline an application our acknowledgment will amount to acceptance of your Membership Application (Application Confirmation), and the date of the acknowledgment email will amount to the commencement of this agreement (Commencement Date). The Contract between you and us will come into existence.
2.5 If we cannot or do not wish to accept your Membership Application. We may decline or terminate your/any Membership Application for any reason. We are not required to disclose our reasoning to you. If we are unable to confirm your membership application with the Membership Services for any reason, we will inform you of this by email and we will not process your Membership Application any further. If you have already paid for the, or any, Membership Services, we will refund you the amount paid.
2.6 On acceptance of your Membership Application. You will become a Subscribed Member of Partners in Property with access to the Membership Services to which your Membership Application relates.
3. Cancelling your Subscribed Membership
3.1 You may cancel your Subscribed Membership at any time, if you notify us as set out in clause 3.2. You will remain liable to pay for all Membership Services received by you, up to the time of cancelation.
3.2 To cancel the Contract and your Membership Services, you must send a cancelation email to info@partners-property.com or follow the cancelation link on Our Website at https://www.partners property.com/plans-pricing-1. We will email you to confirm we have received your cancellation.
3.3 We reserve the right to terminate the, or any, Membership Services at any time without notice generally or in respect of any individual Subscribed Member.
4. The Membership Services
4.1 Compliance with Membership Rules. We are entitled to make and to amend rules and regulations in respect of the Membership and Membership Services at our discretion and at any time. Your continued use of Membership Services shall amount to your agreement to the same. Subject to our right to amend the Membership Services (see clause 4.33) we will supply the Membership Services to you in accordance with the specification for the Membership Services appearing on Our Website at the date of your Application for Membership in all material respects.
4.2 You acknowledge video recording and photography of meetings takes place at all meetings including but not limited in the course of providing Membership Services. Meetings are not confidential. You agree to participate in the same and agree and consent to all necessary rights and permissions necessary for us to use all video recording and photograph and attendee data for all purposes, including but not limited to marketing and social media, without limitation.
4.3 Changes to specification. We reserve the right to amend the specification of the Membership Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Membership Services, and we will notify you in advance of any such amendment. Where we amend Membership Services we reserve the right to seek additional payment from you for additional services and/or products as may be appropriate from time to time.
4.4 Reasonable care and skill. Membership Services will be provided using reasonable care and skill. No warranty or guarantee is made is respect of Membership Services and in particular the content or representations of attendees or speakers. You must make your own enquiries before contracting with any third party in any manner for any goods or Services.
4.5 Our decisions in respect of all matters concerning Membership Services and you shall be final.
4.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in respect of Membership Services, but any such dates are estimates only and failure to perform the Membership Services by such dates will not amount to a breach of the Contract. Time is not of the essence.
5. Your obligations
5.1 It is your responsibility and you expressly agree that:
(a) the terms of your Membership Application are complete and accurate;
(b) you co-operate with us in all matters relating to the Membership Services;
(c) you will pay for all Membership Services in a timely manner;
(d) you adhere to all Membership Rules as confirmed and amended from time to time;
(e) you will provide us with such information and materials we may reasonably require in order to supply the
Membership Services, and ensure that such
information is complete and accurate in all material
respects;
(f) you comply with all applicable laws, including health and safety laws;
(g) In the event you are dissatisfied with any element of the Membership Services you will initially raise these
with us in private to allow the opportunity for us to
work with you to resolve any dissatisfaction and/or
complaint;
(h) You expressly agree not to make any adverse or derogatory comment about us; and/or to say or do
anything which shall, or might, bring us or any of our
Directors into disrepute. You are permitted to make a
comment and/or act in a way that would otherwise be
prohibited if such comment is made (where applicable)
to a spouse, civil partner or partner or immediate
family provided that they agree to keep the
information confidential;
(i) You expressly agree not to video, photograph or otherwise record any meeting, documents or
information provided in the course of delivering
Member Services, without our express permission in
writing. You acknowledge we are not obliged to agree
to any such request which may be declined without
reason or explanation;
(j) Matters discussed within the Membership Services and/or attendance at relevant events are to be treated
by you as confidential;
(k) You will not use for the purpose of training, mentoring, course selling; or otherwise hold out as your own, any
materials and/or information provided to you in the
course of your benefiting from the Membership
Services. You acknowledge and agree that the
intellectual property rights in such content remains
owned by us and, where applicable, is licensed to you
for personal use only by virtue of your paying for the
Membership Services and for so long as you remain a
member.
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):
(a) we will be entitled to suspend performance of the Membership Services until you remedy Your Default,
and to rely on Your Default to relieve us from the
performance of the Services, in each case to the extent
Your Default prevents or delays performance of the
Services. In certain circumstances Your Default may
entitle us to terminate the Contract under clause 14
(Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our
failure or delay to perform the Membership Services;
and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur
arising directly or indirectly from Your Default.
6. Services in UK only
6.1 All Membership Services will be performed, and are deemed to have been performed, solely in England and Wales.
6.2 We give no warranty as to the location of Services and Membership Services within the UK. The physical location of events is subject to change at any time. Reasonable notice will be provided.
7. Charges
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
7.2 The Charges are the prices quoted on our site at the time you submit your Membership Application.
7.3 If you wish to change the scope of the Membership Services after we accept your Membership Application, and we agree to such change, we will modify the Charges accordingly.
7.4 Our Charges may change from time to time, but changes will not affect any Charges for Membership Services for which you have already applied to become a Subscribed Member.
7.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Membership Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
8. How to pay
8.1 Payment for the Membership Services is in advance. We will take your first payment upon acceptance of your Application for Membership and will take subsequent payments monthly in advance.
8.2 You can pay for the Services using a debit card or credit card. We accept the following cards:
Visa, Master Card, American Express, Discover Debit
8.3 We will send you an electronic receipt within seven days of receipt of your payment.
8.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.5 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. Complaints
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy.
10. Intellectual property rights
10.1 All intellectual property rights in or arising out of or in connection with the Membership Services will be owned by us, without limitation or exclusion.
10.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy and use information and documents received throughout the course of your Membership, for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause.
10.3 This clause 10 will survive termination of the Contract. 11. How we may use your personal information
11.1 We will use any personal information you provide to us to: (a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or Services that we provide, but you may stop receiving these at any time
by contacting us.
11.2 Further details of how we will process personal information are set out in our privacy policy.
12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Our total liability to you is limited to the Charge paid for the Membership Services..
12.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
12.3 Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
12.4 Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
12.5 This clause 12 will survive termination of the Contract. 13. Confidentiality
13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.
13.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, or advisers who need to know such
information for the purposes of exercising our
respective rights or carrying out our respective
obligations under the Contract.; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory
authority.
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
13.4 This clause 13 will survive termination of the Contract. 14. Termination
14.1 Without limiting any of our other rights, we may suspend the performance of the Membership Services, or terminate the Contract at any time, with immediate effect, and without notice.
14.2 Termination by us is entirely at our sole discretion. Our decision shall be final. Factors we may consider, without being bound to do so, when exercising our discretion include but are not limited to
(a) Whether you have taken any steps or made any comments which bring our character and/or standing
into disrepute;
(b) Whether you have committed a material breach of any term of the Contract and have failed to remedy that
breach;
(c) you fail to pay any amount due under the Contract on the due date for payment;
(d) you take any step or action in connection with you entering administration, provisional liquidation or any
composition or arrangement with your creditors (other
than in relation to a solvent restructuring), being
wound up (whether voluntarily or by order of the court,
unless for the purpose of a solvent restructuring),
having a receiver appointed to any of your assets or
ceasing to carry on business [or, if the step or action is
taken in another jurisdiction, in connection with any
analogous procedure in the relevant jurisdiction];
(e) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your
business; or
(f) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil
your obligations under the Contract has been placed in
jeopardy.
14.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be
extended for the duration of the Event Outside Our
Control. We will arrange a new date for performance of
the Services with you after the Event Outside Our
Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us in accordance with clause 3.2. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Membership Services up to the date of the occurrence of the Event Outside Our Control.
16. Non-solicitation
You must not attempt to procure Services that are competitive with the Membership Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Membership Services to you and for a period of six months following termination of the Contract.
17. Communications between us
17.1 When we refer to “in writing” in these Terms, this includes email.
17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or received via email.
17.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper
address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working
day after posting; or
(c) if sent by email, at 9.00 am the next working day after receipt.
17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18. General
18.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always
notify you in writing or by posting on this webpage if
this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we
agree in writing.
18.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives) We are under no obligation to agree to any variation.
18.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
18.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.