Terms & Conditions
About Black Property Network
Black Property Network Ltd is not authorised or regulated by the Financial Conduct Authority
Our Agreement with You Our legal relationship with you is governed by these terms (the "Terms").
We reserve the right to seek additional information at any time to enable us to provide our services, to prevent fraud or to comply with any legal or regulatory requirements. We are entitled to rely upon any information which you provide which we believe in good faith to be true, accurate and complete. We reserve the right not to accept you as a member. Subject to any legal obligations we may have, we may reject your request to join at our absolute discretion and without providing any reason for this. In the event that we do reject your request, we will endeavour to contact you to advise you of this. Members must be at least 18 years of age. We will determine the basis and extent of acceptance of your subscription to any of our services at our absolute discretion. It is intended that subscriptions to our services will be accepted in the order in which they are received.
We may require you to answer questions or provide confirmations as to your net worth and/or investment experience. You confirm that all the information you provide to us is complete, accurate and up-to-date. This Agreement shall come into effect when register on our website (or otherwise) to become a member.
You will become BPN Member upon registration, and these Terms will become binding, when we inform you in writing that your registration has been accepted.
As a BPN Member, we may give you access to opportunities for investment in property. We are not obligated to offer you any opportunities. Should you choose to make such an investment, you will do so via a FCA regulated, third party platform provider that BPN works with.
BPN does not provide any advice or recommendations in relation to investments. Whilst we may give you details of a proposed investment opportunity, you should complete your own research, obtain independent advice and select your own investment. If you are in any doubt whether an investment is suitable you should always seek the advice of an independent financial advisor.
Your Right to Cancel
If you are a consumer, you have the right to cancel this Agreement. You can cancel within 14 days from the date on which we notify you that your registration as a BPN Member has been accepted (the “Cancellation Period”). To exercise your right to cancel you should write/ email to Client Services: , within the Cancellation Period and notify us of your cancellation. If you do not exercise your right to cancel we will provide the agreed services until our relationship is terminated in accordance with these Terms.
Subscription and Other Service Payments
Depending on which membership service you subscribe to you will be charged a specific amount for membership, however, Basic membership is free. Subscription payments are made in advance and are non-refundable after the cancellation period has past. If you would like to change to another membership package at any point, please email: . Upgrades to packages can occur straightaway. Downgrades to packages take at least 3 months and a member must have been on a package for 3 months, with full fees paid, before a downgrade is possible. Other services and products will have varying costs and these will be communicated to you.
Record Keeping and Recording of Calls
We may record telephone conversations and retain copies of them or any transcripts and any written or electronic communication we have with you. These will be used for the purpose of administering our relationship with you, training purposes, to evidence compliance with regulatory requirements, in the event of a dispute or as evidence in court. Such recordings or transcripts shall only be retained for so long as is necessary, as determined by us in our good faith opinion, in accordance with any legal or regulatory prescribed data retention time frames, to complete the purpose for which the data has been acquired.
We do not make personal recommendations and we do not guarantee that any particular investment will be suitable to your individual situation. You should make the decision to invest in an opportunity wholly in reliance upon your own experience and expertise or, if appropriate, after consultation with your independent financial advisers.
You should note that the value of any investment may go down as well as up, and you may not receive back the full amount that you invest. It is possible that you could lose your entire investment. You should ensure that you have sufficient liquidity to bear this risk before considering any investment.
If we provide notes on the tax implications of any investment, such notes will not constitute specific advice and will be of a generic nature only. You should consult your own tax advisers before investing. We will only be liable to you for any loss or damage which arises as a directly foreseeable consequence of our breach of this Agreement or for our negligence, fraud or wilful default.
We shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title.
In the event of any failure, interruption or delay of our performance respective obligations resulting from acts, events or circumstances not reasonably within our control (including but not limited to acts or regulations of any governmental or supranational bodies or authorities) or breakdown, failure or malfunction of any telecommunications or computer service or systems, you acknowledge that we shall not be liable or have any responsibility of any kind to any loss or damage thereby incurred or suffered by you.
We will not be liable for any indirect, incidental, punitive or consequential damages, loss of business, loss of profits, loss or corruption of data, loss of goodwill or reputation caused by us under this Agreement.
We will not incur any liability whatsoever for any partial or non-performance of any obligations under this Agreement by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and subject to the Rules we shall not be held liable for any loss that may occur as a result of any such factor provided we have taken reasonable steps to mitigate the effects of any such factor.
No undertaking, representation, warranty or other assurance is given, and none should be implied as to, and no reliance should be placed on, the accuracy, completeness or fairness of any information provided by BPN. No representation or warranty either expressed or implied is or will be made or given in relation to information provided, and no responsibility or liability is or will be accepted by BPN or any of its directors, officers, employees, agents or advisers in respect of information provided. No warranty or assurance is made as to the actual value or return which may be received or achieved in connection with any investment, nor the legal, tax or accounting effects of consummating any transaction in relation to an investment.
Compliance with Laws and Regulations
We will not do anything which would in our good faith opinion infringe any applicable laws, regulations or rules of market conduct and may do whatever we consider necessary to comply with them. We are subject to laws designed to prevent financial crime. We reserve the right to decline to accept any particular instruction and we may not give reasons for doing so for example, if we consider in good faith that it would be unlawful to do so or if we consider in good faith that it would compromise our security procedures.
The investments to which you may be are introduced, involve risks and entail a risk of capital loss. Because of the risks involved, those investments are only suitable for those persons who understand the risks inherent in investing in real estate, are able to bear the economic risk of the investment, understand the high degree of risk involved including the potential for loss of the entire investment, believe that the investment is suitable based on their investment objectives and financial needs and have no need for liquidity of investment.
You should carefully consider the following non-exhaustive list of investment risks. The value of any investment you make could be substantially reduced as a result of any of these risks. You may lose all or part of your investment. Past performance is not necessarily a guide to the future.
Investment in smaller, unquoted entities such as those to which we may introduce you, by its nature, involves a high degree of risk. Proper information for determining the risks to which they are exposed may also not be available. Such investments involve a higher degree of risk than a portfolio of quoted shares. In view of the nature of the proposed investments, investments we introduce you to should not be regarded as short-term in nature. There can be no guarantee that any appreciation in the value of any investment will occur or that the commercial objectives of any investment vehicle will be achieved. Changes in economic conditions including, for example, interest rates, rates of inflation, industry conditions, competition, political events and trends, tax laws and other factors can substantially and adversely affect real estate investments in general and the prospects of any investment we may introduce to you in particular. There is no public market for the investments we may introduce to you and one is not expected to develop. If you invest in any project we introduce to you, you will not be permitted to assign your investment interest without our prior written consent, which we may withhold in our absolute discretion.
Redemptions from any investment we introduce to you will not be permitted. You must be prepared to bear the risks of holding any such investment for an extended period of time. The development or re-development of properties may exceed their budgets. Unforeseen events such as changes related to building permits, planning errors or other aspects of the development and re-development, shortage of necessary equipment, or adverse weather conditions, or other unforeseen events may cause cost overruns and delay or frustrate completion of a project. There can be no assurance that any overrun resulting from any occurrence will be adequately covered by insurance policies or that such insurance will continue to be available or, if available on terms acceptable to the Developer. In the event of a budget overrun the Developer may have to seek additional financing from outside sources in order to complete production. No assurance can be given as to the availability of such financing or, if available on terms acceptable to the Developer. In addition, in the event of substantial budget overruns, there can be no assurance that such costs will be recouped, which could have a significant impact on the investee companies’ results of operations or financial condition.
There can be no guarantee that the structure of any investment we introduce to you will be tax efficient for you or that any particular tax result will be achieved. Changes in legal, tax and regulatory regimes may occur during the life of an investment which may have an adverse effect on investors.
It cannot be guaranteed that any investment you make with us can easily be realised. Realisation of your investment will be dependent on the successful completion and disposal of a property development or successful execution of an investment exit strategy. There will be no right to require or compel an exit from your investment prior to that time. There can be no guarantee that market conditions will be favourable in respect of the development project or its disposal. This may significantly delay a targeted exit. It may be difficult to predict when an exit may take place and there can be no guarantee that an exit will ever take place. Accordingly, investors may potentially lose the total amount of their investment.
Investors should not place reliance on forward-looking statements in any materials that we send to you concerning any investment. Statements that are (or may be deemed to be) “forward looking statements” can be identified by the use of forward-looking terminology including the terms “believes”, “continues”, “expects”, “seeks”, “intends”, “may”, “will”, “would”, “should” or, in each case, their negative or other variations or comparable terminology. These forward-looking statements include all matters that are not historical facts. Forward-looking statements involve risk and uncertainty because they relate to future events and circumstances. While we will comply with the Rules in relation to any materials provided to you concerning an investment, you should be aware that forward-looking statements contained in any materials that we provide to you are subjective and not a promise or assurance that such trends or activities will continue in the future.
Conflicts of Interest
We are a company which provides a number of services to a range of clients. There may be times when there is a conflict between our interests and the duty we owe to a member, or a conflict between the differing interests of two or more members to whom in each case we owe a duty. We aim to have in place arrangements with a view to taking all reasonable steps to prevent such conflicts of interest constituting or giving rise to a material risk of damage to the interests of our members.
If a conflict of interest arises and we consider that the arrangements we have in place are not sufficient to enable us to ensure that the conflict will not damage your interests or the interests of any of our other customers or members we will refuse to act or we will make appropriate disclosures.
Our charges and Other Costs Payable by You
Where we propose to make any charge in respect of costs or fees, we will first notify you in writing of the nature of the charge and the amount.
Tax and Legal Affairs
You have sole responsibility for the management of your tax and legal affairs including all applicable tax filings and payments and for complying with applicable laws and regulations. We have not and will not provide you with tax or legal advice and we recommend that you obtain your own independent tax and legal advice tailored to your individual circumstances. The tax treatment of investment products can be complex, and the level, rate and basis of taxation may alter during the term of any product.