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1. HARLEY STREET PROPERTY FCA&LEGAL DISCLAIMER

BACKGROUND:

These legal disclaimer, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.harleystreetproperty.co.uk (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Website Disclaimer

1.1          The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to Property Investment, or any property or investment activities.

1.2          We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

1.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Information Provider  

1.4          We make no warranty or representation that Our Site will be compatible with all systems, or that it will be secure.

1.5          Whilst every reasonable endeavour has been made to ensure that all information provided on Our Site will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of Our service.

1.6          No part of Our Site is intended to constitute advice and the content of Our Site should not be relied upon when making any decisions or taking any action of any kind.

1.7          Commercial use of the information on Our Site is permitted, howeverWe make no representation or warranty that this content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

1.8          If you are a consumer, you may have certain legal rights with respect to Our provision of digital content.  If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

1.9          Whilst We exercise all reasonable skill and care to ensure that Our Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

Investment risk and regulation

2. Harley Street Property are not authorised to provide investment advice and no content of this website amounts to advice or recommendation in relation to any financial service or product. Any information provided is intended as general information regarding property and related investment opportunities and should never be treated as specific advice or recommendations.

2.1  Harley Street Propertyand the investments we promote are not regulated in the UK by the Financial Conduct Authority and consequently participation in our investments does not carry recourse to the Financial Ombudsman service or the Financial Service Compensation Scheme.

2.2  Whilst the investment opportunities offered by Harley Street Propertycarry various levels of protection, any investment of any kind carries an element of risk. Under certain circumstances it is possible that an investor could receive back less than the sum they originally invested.

2.3 Our investment opportunities are all property-based. Whilst historically the property market shows consistent return on investment, its performance can go down as well as up. Historic performance should not be taken as a guarantee of future performance.

2.4 Our investments are exempt from the general restriction in Section 21 of the Financial Services and Markets Act 2000 – on making financial promotions to members of the public where the promoter is not an authorised and regulated entity – on the basis that that they are made available only to specific groups who must certify themselves as exempt within the meaning of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. Included are:

2.5 (a) persons falling within article 19 of the Financial Promotion order (“Investment professionals”): authorised persons; persons exempt in relation to the promotion of investments of this nature; persons involved ordinarily in investing in unregulated schemes; governments, local authorities or international organisations; or a director, officer or employee acting for these entities in relation to engaging in investment activity (provided that the communication is made to the director, officer or employee in this capacity and when acting in this capacity they are involved in the entities’ participation in investments of this nature)

2.6 (b) persons falling within article 48 of the Financial Promotion order(“Certified high net worth individuals”): a person who has signed, within the period of 12 months ending on the date on which this communication is made, a statement in the terms specified in Part I of Schedule 5 of the Financial Promotion order;

2.7 (c) persons falling within article 49 of the Financial Promotion order(“High net worth companies, unincorporated associations etc”): bodies corporate with minimum called-up share capital/net assets of £5 million (except where the body corporate has more than 20 members in which case the minimum share capital/net assets should be £500,000); unincorporated associations or partnerships with minimum net assets of £5 million; trustees of high value trusts; or a director, officer or employee acting for any of these in relation to engaging in investment activity (provided that the communication is made to the director, officer or employee in this capacity and when acting in this capacity they are involved in the entities’ participation in investments of this nature);

2.8 (d) persons falling within article 50 of the Financial Promotion order(“Sophisticated investors”): a person who has (a) a certificate written within the last 36 months by a firm confirming he has been assessed as sufficiently knowledgeable to understand the risks associated with engaging in activity relating to investments of this nature, and (b) signed within the period of 12 months ending on the date on which the relevant communication is made, a statement in the terms specified in article 50(1)(b);

2.9 (e) persons falling within article 51 of the Financial Promotion order(“Self-certified sophisticated investors”): a person who has signed, within the period of 12 months ending on the date on which the relevant communication is made, a statement in the terms specified in Part II of Schedule 5 of the Financial Promotion order;

2.10 (f) any other person to whom the promotion may otherwise lawfully be made in accordance with the Financial Promotion order or otherwise. The investment opportunities on this website are only available to such categories of person and any person falling outside these categories should not treat the website as a promotion to him or rely on it or act on it for any purpose whatsoever.

2.11 Should you have any doubt about the contents of this website, the investments offered by Harley Street Propertyor any actions to be taken, you must seek independent advice from a financial representative, accountant, solicitor or other professional representative prior to entering into any investment.

2.12 For more information on The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 please visit: http://www.legislation.gov.uk/uksi/2005/1529/pdfs/uksi_20051529_en.pdf

2.13 The Financial Conduct Authority (FCA) can we contacted at https://www.fca.org.uk/

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