Terms of Service | Zisk Properties

TERMS OF SERVICE

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE

The terms in this document (“Terms of Service”) constitute a legal and binding document between you, as the user of the Website (Website is defined as www.ziskproperties.com and any sub-domains of this site) and Zisk Properties Limited is a limited company registered in England and Wales with Company Number 11328383 with its registered office at Suite 18.08, Aragon Tower, George Beard Road, London, SE8 3AL, United Kingdom (“Zisk Properties”). Throughout these Terms of Service references to “we”, “us” or “our” are to Zisk Properties and references to “you” or “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 agree to these Terms of Service, then you must stop using the Website immediately.

If you wish to contact us about these Terms of Service, you may do so by sending us an email to support@ziskproperties.com.

1.   Intellectual Property Rights

The Website may include at any given time text, graphics, images, logos, icons, sound clips, video clips, data compilations and any other material published on it, together with the Website’s page layout, underlying code and software, are referred to as “Website Content”.

You acknowledge and agree that all of the Website Content is the property of Zisk Properties, our affiliates or third parties with whom we do business and Zisk Properties is the owner and or the licensee of all intellectual property rights of the Website and the Website Content. As such, the Website Content is protected by the United Kingdom and international intellectual property laws, and other relevant laws. In addition, 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 Zisk Properties or except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (containing the “fair use” provisions for copyright materials).

2.   Other Applicable Terms

In addition to these Terms of Service, our Privacy Notice and Cookies Policy applies to you and everyone else who uses the Website.

There are a number of other agreements that you may choose to be bound by during the course of your use of the Website, including but not limited to our Investor Terms (and any other documents or agreements that you must enter into) if you wish to invest in a property on the Website. These Agreements together (referred to as “Investor 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 general and technical use of the Website.

These Terms of Service will continue to apply to you even after you have agreed to Investor Agreements (or any agreement within it), but on a conflict between the Terms of Service and Investor Agreements, the Investor Agreements will take precedence.

3.   DISCLAIMERS

Except as explicitly stated in the Investor Terms, you need to be aware that:

3.1.    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.

3.2.    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or Website Content, whether express or implied.

3.3.    We make no guarantee of any specific results from entering into an investment in a property on the Website including any income and/or capital gain you may receive. In addition, any information, commentary, figures, percentages, indications, opinions, estimations or any other material contained on the Website (including but not limited to any Investment Calculator(s) on the Website and our blog) in relation to any of the investments described on the Website is either based on Zisk Properties’ own opinions or provided to Zisk Properties by external parties. Zisk Properties takes no responsibility for and assumes no liability in relation to any such information including its accuracy and accordingly Zisk Properties does not accept any responsibility and disclaims any and all liability for any such information featured or views and opinions expressed on the Website.

3.4.    We will not be liable to any user (business or consumer user) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on the Website Content. You agree we have no liability to you or your business or any third parties for any loss of profit/business/sales/revenue, business interruption, or loss of business opportunity/goodwill/reputation, loss of anticipated savings or any indirect or consequential loss or damage, in relation to the Website or Website Content or otherwise.

3.5.    No part of this Website or Website Content is intended to be or to be construed as any form of advice, including investment, financial, professional, specialist or tax advice. It is your responsibility to ensure that you have taken any advice that is necessary for you to ensure you understand your personal situation and alongside all risks and conditions associated with making an investment via the Website, and undertaken all the necessary due diligence prior to making any such investment.

3.6.    The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects, errors and/or faults.

3.7.    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 or up-to-date.

3.8.    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.

3.9.    You use the Website and its Website Content at your own risk.

3.10.    We do not guarantee that the Website or any Website Content will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. As a result, we will not be liable to you if for any reason the Website or Website Content is unavailable at any time or for any period.

3.11.    You are responsible for making all arrangements necessary for you to have access to our Website.

3.12.    The Website and Website Content is directed to people residing in the United Kingdom. We do not represent that the Website or Website Content is appropriate or available in other locations. We may limit the availability of the Website or Website Content or any of our service or product to any person or geographic area at any time. If you choose to access our Website from outside the United Kingdom, you do so at your own risk.

3.13.    The Website is not to be accessed from the United States of America and may not be used by any resident of the United States of America. No invitation to treat or offer made on the Website is intended or authorised to be made inside or to any resident of the United States of America.

3.14.    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any user account, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Service. If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.

3.15.    You alone are responsible for the security of your login details and you accept all responsibility for any persons who accesses the Website through your login details. We shall not be liable for any damages or losses caused by unauthorised access to the Website using your login details except if this is due to our gross negligence.

3.16.    We are not liable for any loss or damage caused by a denial-of-service attack or any viruses, malware, adware, spyware, Trojans / Trojan horses , worms, logic bombs, time bombs, keystroke loggers, or other material / software / code which is malicious or technologically harmful including adversely affecting the operation of any computer software or hardware (together defined as “Viruses”) that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

3.17.    We do not have any control over any website links included on the Website that take you to external, third party websites or resources, and so assume no liability or responsibility for them and you accept the risk of clicking such links or using such external websites at your own risk.

3.18.    We may from time to time provide services on the Website which are interactive, (including but not limited to chat rooms, forums, bulletin boards, opinion polls or voting portals, surveys, blog, comments) with users of the Website being able to interact with the Website, Website Content and other users. You accept that for such services we are under no obligation to oversee, monitor or moderate them, and you accept and agree we expressly exclude our liability for any loss or damage arising from the use of any such service by you. The use of any such interactive services by a minor is not permitted; we advise that parents do not permit their children to use any such services and where they do so, they will be doing so at their own risk. Therefore, it is important that they communicate with their children about their safety online.

3.19.    The Investment Calculator provided on the Website is for information only. It uses a simple annual return (as highlighted on the calculator), converts it into a compound interest and then uses an annuity formula to estimate the final answer. This is not an accurate method to estimate the results required and so is only a very approximate method. Furthermore, it also assumes not re-investment of the monies received. You agree not to rely on the information provided by this Calculator (or any other part of the Website as explained earlier) in anyway and will undertake your own due diligence before making any investment.

3.20.    As per the Privacy Notice, you agree to receive any newsletters, marketing or promotional materials from us and you will have the option to opt out of any or all of such communications. Until you have read, understood and agreed to our Investor Agreements (including self-certifying the type of investor you are, as per the Financial Conduct Authority’s guidance), you agree that any such material is not intended to and will not be treated as an offer or solicitation to buy our products or services.

4.   YOUR USE OF THE WEBSITE

                           You:

4.1.    Must not misuse the Website or use it to knowingly transmit/send/upload/introduce Viruses. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or owned by or operated by Zisk Properties;

4.2.    Must not interfere with, damage, disrupt or attack the Website and our equipment/network on which the Website is stored and any software used in the provision of the Website in any way including via a denial-of-service attack. By breaching this requirement, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use the Website and Website Content will cease immediately;

4.3.    May link to the Website, provided you do so in a way that is fair and legal without misinforming any of your users (your website users or otherwise) and does not damage our reputation or take advantage of it. This also means you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must also not establish a link to our site in any website that is not owned by you. Finally, the Website (including any Website Content) must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of the Website Content other than that set out above, please contact us;

4.4.    May use the Website only for lawful purposes;

4.5.    Must not use the Website in any way that breaches any applicable local, national or international law or regulation;

4.6.    Must not use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.7.    Must not use the Website for the purpose of harming or attempting to harm others or minors in any way;

4.8.    Must not use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

5.    Your Uploaded Content

Whenever you are provided the ability to (or otherwise) and decide to contribute to or upload any content to the Website or any of our social media channels including but not restricted to our pages on Facebook, LinkedIn, Instagram, YouTube and Twitter (together all of our social medial channels defined as “Our Channels”), or to make contact with other users of the Website or Our Channels in anyway possible (with any such contributed/uploaded content or contact defined under this Clause as “Contributions”), you must comply with the spirit and the letter of the standards set out below (applying to each part as well as to the whole Contributions):

5.1.    Contributions must:

5.1.1.    Be accurate (where they state facts);

5.1.2.    Be genuinely held (where they state opinions); and

5.1.3.    Comply with applicable law in the UK and in any country from which they are posted.

5.2.    Contributions must not:

5.2.1.    Contain any material which is defamatory of any person;

5.2.2.    Contain any material which is obscene, offensive, hateful, illegal or inflammatory;

5.2.3.    Promote any form of illegal activity;

5.2.4.    Promote violence of any kind;

5.2.5.    Promote sexually explicit material;

5.2.6.    Promote any discrimination e.g. based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.7.    Infringe any rights of any other person or entity including copyright, database rights or trade marks;

5.2.8.    Be likely to deceive any person;

5.2.9.    Be made in breach of any legal duty owed to a third party, e.g. a contractual duty or a duty of confidence;

5.2.10.    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

5.2.11.    Be likely to harass, upset, embarrass, alarm or annoy any other person or entity;

5.2.12.    Be used to impersonate any person, or to misrepresent your identity or another person’s identity or misrepresent affiliation with any person or entity;

5.2.13.    Give the impression that they emanate from us, if this is not the case; or

5.2.14.    Advocate, promote or assist any unlawful act or activity e.g. copyright infringement or computer abuse /misuse.

5.3.    You warrant that Contributions comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

5.4.    Any Contributions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next Clause (Rights You License).

5.5.    We also have the right to disclose your identity to any third party who is claiming that any Contributions by you constitutes a violation of their intellectual property rights, or of their right to privacy.

5.6.    We will not be responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of our site.

5.7.    We have the right to moderate or remove any Contributions by you make on our site at our sole discretion.

5.8.    The views expressed by your or other users on our site do not represent our views or values.

5.9.    You are solely responsible for securing and backing up your content.

6.   RIGHTS YOU LICENCE

When you upload or post any content to our Website and any of Our Channels, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works or, display, and perform that user generated content in connection with the service provided by the site and across all media including the right to use the content to promote the Website.

7.   UPDATES

We may revise or update these Terms of Service at any time by amending this page of the Website. You will be deemed to have agreed to these updated Terms of Service on your first use of the Website. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

8.   SUSPENSION AND TERMINATION -

We will determine, in our discretion, whether there has been a breach of these Terms of Service and on any such breach, we may take such action as we deem appropriate, including but not limited to:

8.1.    Immediate, temporary or permanent withdrawal of your right to use the Website;

8.2.    Immediate, temporary or permanent removal of any Contributions;

8.3.    A warning issued to you;

8.4.    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

8.5.    Further legal action against you;

8.6.    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary

9.   NO WAIVER

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 taken as a waiver.

10.   NO PARTNERSHIP

Nothing in these Terms of Service is intended to or will be used to establish any partnership or joint venture between any of the parties, nor authorise any party to make any commitments for or on behalf of any other party.

11.   SEVERABILITY

If any provision or part-provision of the Terms or any provisions of any other document featured as part of your relationship with us or featured on the Website are determined by a competent authority to be invalid, unlawful or unenforceable in that jurisdiction, then it shall be deemed modified to the minimum extent necessary (for the relevant jurisdiction only) to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed severed and deleted (for the relevant jurisdiction only). Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of the Terms.

12.   GOVERNING LAW

These Terms of Service and any dispute or claim arising out of or in connection with the them, and their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and construed in accordance with the law of England and Wales, and each party irrevocably agrees that such disputes or claims will be subject to the exclusive jurisdiction of the Courts of England & Wales.