FAQS + T&Cs
TERMS AND CONDITIONS
Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions. If you do not agree with these Terms, please do not use this Web Site. The Terms of Business may be superseded by a signed agreement between the Investor and PropClear (Aben Capital Ltd).
The Terms and Conditions of this Website includes NON-DISCLOSURE and NON-CIRCUMVENTION ("Agreement"), which commences on the date which is earliest of (i) the Party applying to create a Membership of the Website ("Effective Date") and (ii) the Party receiving confidential information, between:
Aben Capital Ltd, trading as PropClear, with a Registered address at Hello House, 135 Somerford Road, Christchurch, BH23 3PY. Reg. no:12273880, together with its subsidiary companies (“PropClear”); and
Visitors to our website who have registered an account with us, or applied to register an account with us, whether as an Investor or Developer (Registered Users or Member).
each referred to herein as a “Party” and collectively as the “Parties”.
AGREE as follows:
"Confidential Information" means any information or data disclosed (whether in writing, orally, or by any other means and whether directly or indirectly) by a Party (the "Disclosing Party") to the other Party ("Receiving Party") whether before or after the date of this NDA including, without limitation any information whatsoever relating to the Disclosing Party's projects, potential projects, constitution, legal personality, directors, shareholders, potential or other investors, assets, financial or other products, services, clients, suppliers, processes, plans or intentions, know-how, design rights, trade secrets, market opportunities and/or any financial and/or business affairs.
"Purpose" means the Parties engaging in discussions and negotiations relating a potentially mutually beneficial business relationship.
"Representatives" means any directors, officers, employees, agents, subcontractors and consultants of the Receiving Party.
"Investor" means an investor in UK residential property.
"Developer" means a developer or property in the UK.
In consideration of the disclosure of Confidential Information, the Receiving Party shall:
maintain the Disclosing Party's Confidential Information in strict confidence and shall use reasonable endeavours to secure and protect the confidential information. The Receiving Party warrants that such security measures aim to provide adequate protection against unauthorised disclosure, copying or use;
ensure that disclosure of the Disclosing Party's Confidential Information is restricted to possible Investors, Representatives and advisers who are directly concerned with any work undertaken by the Receiving Party and have the need to know the same for the Purpose;
not make copies or reproductions of the Disclosing Party's Confidential Information except to the extent necessary for the Purpose;
not divulge the Disclosing Party's Confidential Information, in whole or part, to any third party and use its reasonable endeavours to prevent the unauthorised publication or disclosure of the same; and
ensure that Representatives and advisors are aware of the restrictions as to confidentiality and non-disclosure contained in this Agreement; and
upon request by the Disclosing Party, dispose of the Disclosing Party's Confidential Information, including all copies or reproductions of such information.
The restrictions imposed by Clauses B1-B6 shall not apply to the disclosure of any Confidential Information:
which is disclosed by either the Disclosing Party or the Receiving Party to third party agents commissioned to conduct due diligence or similar investigations provided that such agents maintain the Disclosing Party's Confidential Information in strict confidence and shall exercise in relation thereto no lesser security measures and degree of care than those which the Receiving Party applies to its own confidential information;
which is now in, or hereafter comes into, the public domain without breach of this Agreement by the Receiving Party;
which the Receiving Party can show either: (a) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the Disclosing Party and was not previously acquired by the Receiving Party from the Disclosing Party under an obligation of confidence; or (b) to have been developed by or for the Receiving Party at any time independently of any information disclosed to it by the Disclosing Party;
which the Receiving Party obtains or has available from a source other than the Disclosing Party without breach of this Agreement by the Receiving Party, or such source of any obligation of confidentiality or non-use towards the Disclosing Party;
which is hereafter disclosed by the Disclosing Party to a third party without restriction on disclosure or use;
which is disclosed by the Receiving Party pursuant to the requirement of any law or regulation to which the Receiving Party is subject; or
which is disclosed by the Receiving Party with the prior written approval of the Disclosing Party.
The Parties acknowledge that no effort shall be made to circumvent PropClear or the terms of this Agreement in an attempt to gain commissions, fees, remuneration or any other form of consideration or advantage. In case of any such circumvention, the PropClear shall be entitled to a monetary sum from the other Party that is equal to all profit, commission and/or any other fee or revenue such Party would have been entitled to had such circumvention not taken place.
C. BREACH OF THIS AGREEMENT
Investors which are the Receiving Party hereby indemnify and hold the Disclosing Party harmless from and against any loss, damages, costs and expenses which the Disclosing Party may sustain or incur as a result of any breach of this agreement by either it, its advisers and/or Representatives.
Investors which are the Receiving Party agrees that damages alone may not be an adequate remedy for any breach of this Agreement and accordingly without prejudice to any other rights or remedies available, the Disclosing Party may be entitled to seek injunctive or other equitable relief or remedy to prevent any breach or threatened breach of this Agreement.
In no event shall the Receiving Party be deemed to have acquired any rights or interest in or to any of the Disclosing Party's Confidential Information. Such Confidential Information shall remain the sole and exclusive property of the Disclosing Party at all times.
The Disclosing Party does not warrant the accuracy or completeness of any Confidential Information and all implied warranties or representations in respect of such Confidential Information are hereby excluded.
No failure or delay of either Party in exercising any right under this Agreement shall be deemed a waiver of the right. No waiver of any default on any one occasion shall constitute a waiver of any subsequent default. No single or partial exercise of any right shall preclude the further or full exercise of it.
Save in respect of fraudulent misrepresentation by either Party, this Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior agreements and understandings, whether oral or written. This Agreement may not be amended unless agreed in writing by authorised signatories of the Parties.
This Agreement and the rights and obligations hereunder are personal to the Parties and may not be assigned or otherwise transferred, in whole or in part, without the prior written consent of both Parties.
Any notice to be made by either Party to the other shall be sufficiently made if sent by prepaid first class registered post or delivered by hand to the Party to be served at the address specified at the top of this Agreement or such other address as may be notified in writing by one Party to the other. Except in the case of delivery by hand, and save for evidence to the contrary, the notice shall be deemed to have been made on the day on which such communication ought to have been delivered in due course of postal communication.
This Agreement does not confer any rights on any person that is not a party to this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
The Parties agree among themselves that this agreement is not exclusive.
This Agreement will remain in force until the 24 months from the later of (i) the date that the Confidential Information was received by the Receiving Party from the Disclosing Party (ii) the Party requested a Membership of the Website and (iii) the Party logged in or accessed the Website.
This Agreement may be terminated by PropClear giving written notice to the other party. The receiving party will maintain the confidential obligations under this agreement for a period of two years after the termination of this Agreement.
If any provision of this agreement or any part of such provision is held invalid or unenforceable, the remainder of this agreement will not be affected thereby and each remaining provision or part thereof will be valid and enforceable to the full extent permitted by law.
This agreement shall be governed by and construed in accordance with the laws of England. The Parties hereby agrees to submit to the exclusive jurisdiction of the English courts.
The Parties acknowledge that the primary purpose of the PropClear service is to enable Investors to acquire - (e.g. forward fund or forward purchase) Residential Properties from Developers. Developers agree to pay PropClear a Success Fee, based on Transactions which have arisen as a result of information and/or introductions provided by PropClear, equal to 0.75% (75bps) of the Transaction Value (GDV).
The Transaction Value is the agreed price paid by the Investor to acquire the property provided by the Developer.
Fees may be subject to VAT.
Fees become committed on exchange of contracts and are payable on practical completion, and pro-rata on amounts paid to the Developer when a deposit or forward funding is provided.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by PropClear (hereafter “the Company”, “we” or “us”) or by their respective third party manufacturers, authors, developers, vendors and other website users ("Third Party Providers") and are the copyrighted work of The Company and/or its Third Party Providers. Except as stated herein, and subject to the Non-Disclosure and Non-Circumvention terms set out above, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of or The Company the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without prior express written permission.
Except where expressly provided otherwise by The Company nothing on this Web Site shall be construed to confer any license under any of The Company or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses.
Materials provided by Third Party Providers have not necessarily been independently reviewed, tested, certified, or authenticated in whole or in part. The Company does not promote, recommend, provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Company. The Company hereby grants you permission to display, copy, distribute and download The Company materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for unofficial disemmination; and (3) the Materials are not modified in any way.
This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorised use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software that may be made available to download from this Web Site ("Software") is the copyrighted work of The Company and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT. The Company HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Except where expressly provided otherwise by The Company, all comments, feedback, information or materials submitted to The Company Ltd through or in association with this Web Site ("Submissions") shall be considered confidential.
You acknowledge that you are responsible for the Submissions that you provide, and that you and not The Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, INVESTMENT, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE COMPANY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
The Company controls this Web Site from its headquarters in the United Kingdom and makes no representation that these Materials are appropriate or available for use in other locations. The service is hosted in the UK at a location other than the company headquarters and as such you should be aware that any data that you submit travels to a secure server in another location. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
This Web Site may include inaccuracies or typographical errors. The Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. The Company may periodically make changes to the Website. Any action related to these Terms will be governed by the law prevailing in England and Wales and any superior EU legislature.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications.
The Company has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by The Company.
INTELLECTUAL PROPERTY AND TRADEMARK NOTICES
Elements of the Web Site are protected by trade mark protection and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or re-transmitted unless expressly permitted by The Company.
The Aben Financial logo is a registered trademark and copyright protected. It must not be copied or reproduced in any way.
Information you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact The Company either by e-mail to email@example.com.
Please read this policy carefully as it sets out the basis on which we collect, process, use and store your personal data whether you are a Guest or a Registered User.
We are PropClear (we, us and our). We provide a platform via our website, accessible via https://www.propclear.co.uk (our Website). Our registered address is 135 Hello House, Christchurch, BH23 3PY. Our registered company number 12273880, we are registered with the Information Commissioner's Office registration number ZA563687.
Personal data we collect
We collect, process, store and use the following kinds of personal data:
(a) Guests: You do not need to provide us with any personal data as a Guest. However, even as a Guest we may collect the information and you may agree to receive Marketing Communications.
(b) Registered Users: When you create an account with us, you provide us with your name, email address, and Company name. We require this information, so we can identify you properly manage your account. We will also store any content and documents you may upload to the Website (for example documents provided for identification purposes).
We may also request other information about you that we require to assess your knowledge and experience, including financial information, and investment objectives. We require this information so that we can better manage your account.
All personal data that you provide to us must be true, complete and accurate. You must not register under someone else’s name. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this. In addition, we may search at fraud prevention agencies for information on you as part of our due diligence to ensure we comply with anti-money laundering legislation.
When you contact us
When you contact us by email or post we may keep a record of the correspondence and we may also record any telephone call we have with you.
Data we automatically collect
When you use our Website, we, or third parties on our behalf, automatically collect and store information about your device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your IP address; (c) technical information about your device such as type of device, web browser or operating system; (d) your preferences and settings such as time zone and language; and (e) statistical data about users’ browsing actions and patterns. We collect this information using cookies in accordance with paragraph 8 below and we use the information we collect on an anonymous basis to improve our Website and the services we provide, and for analytical and research purposes.
If you opt in to receive marketing communications from us you consent to the processing of your data to send you such communications, which may include newsletters, blog posts, surveys, information about new features or products relevant to our service, changes to this policy and our Terms and Conditions. We retain evidence of the details of your consent.
You can choose to no longer receive marketing communications from us by updating your account, contacting us at firstname.lastname@example.org or clicking unsubscribe from a marketing email. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.
Use of your personal data
(b) Registered Users: You consent to the lawful processing of your personal data to provide you with the services you have requested from us.
We may also use your personal data for our legitimate interests, including dealing with any customer services you require, for regulatory and legal purposes (for example anti-money laundering), for audit purposes and to contact you with information about your account and to tell you about changes to this policy and our Terms and Conditions
Who do we share your data with?
We may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, IT service providers, accountants, auditors and lawyers
If you have consented to receive marketing communications, we use the following third-party marketing automation services; Mailchimp, Mailchimp Mandrill, Pipedrive, Zoho CRM, Wix, Google and SharpSpring. These services enable us to analyse the use of these communications.
Under certain circumstances we may have to disclose your personal data by law, because the police or other law enforcement agency has asked us for it – for example, as part of anti-money laundering processes or protect a third party’s rights, property, or safety or to enforce our Terms and Conditions.
We may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
Where we hold and process your personal data
Some or all of your personal data may be stored or transferred outside of the European Union (the EU) for any reason, including for example, if our email server is located in a country outside the EU or if any of our service providers are based outside of the EU. We shall only transfer your personal data to organisations that have provided adequate safeguards in respect of your personal data.
A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal data about you, such as your name and/or address. These files are then used by websites for a number of reasons, including to identify when users revisit that website. For more information about cookies, you can visit www.allaboutcookies.org
We also use Google Analytics to monitor how our Website is used. Google Analytics collects information anonymously and generates reports detailing information such as the number of visits to our Website, where visitors generally came from, how long they stayed on our Website, and which pages they visited. Google Analytics places several persistent cookies on your computer’s hard drive. These do not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent Google Analytics from logging your visits.
Below is a list of the cookies used on the Website and what they do:
_ga Google Analytics: This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports.
_gid Google Analytics: The main purpose of this cookie is performance. It stores and update a unique value for each page visited.
_gat Google Analytics: The main purpose of this cookie is performance it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes.
_gac_<property-id> Google Analytics: Contains campaign related information for the user. If you have linked your Google Analytics and AdWords accounts, AdWords website conversion tags will read this cookie unless you opt-out.
_uetsid Microsoft Bing Ads Universal Event Tracking (UET) tracking cookie (appearing Safaribrowser) https://advertise.bingads.microsoft.com/en-us/resources/policies/remarketing-in-paid-search-policies
mf_[session]: 1st party cookies, session lifetime: The main purpose of this cookie is: Performance. This cookie is used for identifying the browser session
mf_user The main purpose of this cookie is: Performance. This cookie name is associated with Mouseflow analytics software for recording user interactions on a website. This is a unique user identifier cookie, with a reported lifespan of around 90 days.
mf_user: 1st party cookie, persistent The main purpose of this cookie is: Performance. This cookie is used for checking if the user is new or returning
We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers. Any payment transactions are encrypted using SSL technology.
Where we have given, or you have chosen a password which enables you to access parts of our Website, you are responsible for keeping this password confidential.
However, no system can be completely secure. Therefore, although we take steps to secure your personal data, we do not promise that your personal data that you provide to us will always remain secure.
You have the right to obtain from us a copy of the personal data that we hold for you, and to require us to correct errors in the personal data that we process for you if it is inaccurate or incomplete. You also have the right at any time to require that we delete your personal data. To exercise these rights, or any other rights you may have under applicable laws, please contact us at email@example.com.
Please note, we reserve the right to charge an administrative fee if your request is manifestly unfounded or excessive.
If you have any complaints in relation to this policy or otherwise in relation to our processing of your personal data, you should contact the UK supervisory authority: The Information Commissioner, see www.ico.org.uk.
Except where we are required to retain your personal data for taxation or accounting purposes, we may retain your personal data for as long as you remain a Registered User and for up to 18 months thereafter in order to comply with our obligations under the Terms and Conditions, for audit purposes and to respond to any queries you have about your account.
If you have consented to receive marketing communication, we may retain your email address until you opt out of receiving such communications.
If you are a Guest who has contacted us with a question or comment, we may retain your personal data for up to 6 months following such contact to respond to any further queries you might have.
This policy shall be governed by and construed in accordance with the law of England and Wales, and you agree to submit to the exclusive jurisdiction of the English Courts.
We may change the terms of this policy from time to time in response to your feedback and suggestions, changes imposed by third party suppliers or the decisions or orders of courts, the Financial Conduct Authority or other authorities, and/or the need to improve or correct problems in the operation of the Website or changes to applicable law.
We will summarise any such changes at the top of this policy. We will try to give 30 days' notice of when changes take effect, by email and/or in your account if you are a Registered Use, except where changes do not materially adversely affect you or are beneficial. If you continue to use the Website after the time we state the changes will take effect, you will have accepted the changes.
Last Updated: November 2020