- Terms of service
- Basis of Terms
- This website is operated by Crowdestates Limited, a company registered in England and Wales under registered company number 08728808 and our registered office is at 136-148 Tooley Street, London SE1 2TU (“Crowdestates”). Throughout the site, the terms “we”, “us” and “our” refer to Crowdestates. Crowdestates offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
- Please read these terms of service (the “Terms of Service”) carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service through our website (the “Service”), violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your Service.
- General conditions
We reserve the right to refuse Service to anyone for any reason at any time. You understand that the content you provide may be (a) transmitted over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
- Accuracy, completeness and timeliness of information
- We shall not be liable to you under any circumstances for any mistakes, errors, omissions or any other faults that we may publish about you in this Service.
- We shall not be liable to you if for any reason the website is unavailable at any time or for any period.
- Your Account and Password
- 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. You must not disclose it to any third party.
- We shall not be liable for any loss or damage that you or another person suffers because you did not keep your login information and password confidential and secure. In addition, we reserve the right to disable your login information and password at any time, if in our opinion, you have failed to comply with any provisions of these Terms of Service, or any other relevant terms published.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
- You are responsible for making all arrangements necessary for you to have access to our site. We do not accept any liability howsoever arising, by breach of contract and whether caused by tort (including negligence) for any loss of income, revenue, business, profits, contracts, goodwill, anticipated savings, data, productions, or any other indirect or consequential loss or damage, even if foreseeable. The information provided on the website is accurate to the best of our knowledge but all users must satisfy themselves to this extent. We do not give any warranty or guarantee as to the accuracy or completeness of any of the information that is provided.
- Modifications to the service
The Service offered here is subject to change without notice. We reserve the right at any time to modify (or any part or content thereof) without notice at any time. If the service is discontinued, all users will be notified and any existing contracts will be transferred to an appointed third party administrator . We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuance of the Service.
- Intellectual Property Rights
- All copyrights, trade marks, design rights, patents and other intellectual property (registered and unregistered) in and on the Service and all content (including all applications) located on this Service shall remain vested in Crowdestates or its licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, reverse engineer or distribute, in any manner or format, the material on the Service, including, but not limited to text, graphics, code and software. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the material.
- You may not use, frame or utilise framing techniques to enclose any Crowdestates trade mark, logo or other proprietary information or property, including the images found at this Service, the content of any text, the layout or design of any page or form contained on a page without our written permission. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trade mark, copyright, or proprietary right of Crowdestates or any third party.
- Link Policy
- This Service may contain hypertext links to web pages operated and maintained by third parties. These links are provided for your convenience only and we do not control and are not responsible for the contents of such web pages. Our inclusion of such links does not imply any endorsement of the material contained therein or of the owners. If you use the links to visit third party web pages, you do so at your own risk.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- We reserve the right to withdraw linking permission without any notice.
- Optional tools
We may provide you with access to third-party tools which we neither monitor nor have any control over nor provide any input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. We may also, in the future, offer new services or features through the website (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
- Third-party links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- User submissions
If without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.
- Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- By registering with Crowdestates, you are choosing to permit your money to be loaned to Borrower(s) on the security of freehold or leasehold property, whether for the purpose of purchasing such property or for another lawful purpose. We will not be bound to accept your application or to give reasons for our decision.
- By becoming a Lender, you will agree to be bound by the terms of a Trust Deed, as beneficiary. A copy of the Trust Deed may be inspected on request if we accept your application.
- If we accept your application, when we receive your money, it will be placed in a separate bank account (“Crowdestates Account”) and held in escrow until it is applied to a loan and after that on trust on the terms of the Trust Deed.
- The terms relating to interest on your money and payments or repayment are or will be contained in the schedule of financial terms.
- In order to qualify as a Lender, you warrant that you meet the following criteria:
- You are 18 years of age or over and are capable of taking responsibility for your own decisions.
- You must have a valid UK bank or building society account in your own name to facilitate payments to us.
- You are capable in law of entering into a legally binding agreement with us and are the person whose details you have provided in connection with your application to become an Investor.
- When you pay money to us, you are authorised to do so. You will make payments in good faith and will not attempt to reverse a payment made to us or take any action which will cause such a payment to be reversed by a third party.
- All information provided to us in the course of the application and lending process is true and accurate in all respects. You will update us if any of the information provided to us changes.
- You have disclosed to us any circumstances that you are aware of which could or might result in a material adverse change in your financial condition.
- Following your application to lend through Crowdestates, we will carry out identity, fraud and other checks on you.
- Crowdestates uses its own internal procedures and policies when assessing applications but has complete discretion as to whether to allow you to be a Lender on our platform
- If we cannot get adequate information from the credit reference agency or for any other reason then we may ask you to send us copies of the relevant passports or other identification documents plus a utility bill and anything else that we may require. If you do not provide all appropriate identification documents promptly you will not be able to lend on our platform.
- We may suspend or place limitations on your account at any time if we believe it is appropriate in order to comply with our legal obligations
- Should you wish to sell your interest in the amount you have loaned before the full amount is repaid, you will be required to pay a transaction fee based on the outstanding loan.
- You must form your own opinion regarding the creditworthiness of a Borrower and take independent advice as to the advisability of lending money at all to a Borrower. We only introduce the borrowers on the platform and the information displayed must not be construed as any type of advice on our behalf.
- We will take reasonable steps to verify a Borrower’s affordability, identity and creditworthiness, but we take no liability whatsoever for any lending decision that you make based on the information provided by us to you.
- If we are unable to verify any information about a Borrower, we will display this on the platform. We take no liability whatsoever for any lending decision that you make based on the information provided by us to you.
- You are a company registered in the UK
- All directors of the company are 18 years of age or over and are capable of taking responsibility for their own decisions.
- You are authorised by the company to act on its behalf
- You must have a valid UK bank or building society account in the business name to facilitate payments to us.
- You can enter into a legally binding agreement with us and the person whose details you have provided to us in connection with your application.
- When you make payments to us, you are authorised to do so. You will make payments in good faith and will not attempt to reverse a payment made or take any action which will cause such a payment to be reversed by a third party.
- All information provided to us in the course of the application and borrowing process is true and accurate in all respects. You will update us if any of the information provided to us changes.
- You have disclosed to us any circumstances that you are aware of which could or might result in a material adverse change in the company’s financial condition.
- By agreeing to arrange a loan through us you agree that your credit and financial information may be displayed on the platform. If you do not wish to display your financial information then it might be more difficult to raise a loan through the platform.
Disclaimer of warranties; limitation of liability
- Nothing Crowdestates does and nothing on the platform is intended to operate or be construed as advice or recommendation by Crowdestates to enter into a particular loan.
- Crowdestates accepts no responsibility and disclaims all liability for any information about a Borrower made available to prospective lenders through the Crowdestates website.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Crowdestates, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless Crowdestates and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or may deny you access to our Services (or any part thereof).
- Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
When you sign up to this website, we collect the personal information you give us such as your name and email address. When you browse the site, we also automatically receive your computer’s internet protocol address in order to provide us with information that helps us learn about your browser and operating system.
- Email marketing
With your permission, we may send you emails about our products and other updates.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
- If you have any questions about the following privacy and cookie information please contact us through the contact page.
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- Make our website work as you’d expect
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You can learn more about all the cookies we use below.
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Turning Cookies Off
You can switch most cookies off by adjusting your browser settings to stop it from accepting cookies. Most web browsers allow you to do this via your browser’s settings. Doing so however will likely limit the functionality of our and a large proportion of other websites as cookies are a standard part of most modern websites. To find out more about cookies, including how to see what cookies have been stored and how to manage and delete them, visit http://www.allaboutcookies.org/
If your concerns about cookies relate to “spyware”, rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.
- Basis of Terms