Terms & Conditions


BACKGROUND:

This agreement applies as between you, the User of this Website and Follion UK Limited, the owner(s) of this Website (www.follionproperties.com). First use of this website shall be deemed as compliance and acceptance of the terms and conditions contained herein. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the purchase has been accepted by us and the Vendors.

1. Definitions and Interpretation

For purpose of lucidity, in this Agreement the following terms shall have the following meanings:

“Lease / To Let” Means transfer of property for a certain period and at expiration of the period, the interest therein revert s back to the owner.

“Sales” Means an outright sale of unexpired residue in a property in line with The Law of the country where the property situated.

“SOLD” Means the advertised property is no longer available for sale again

“Auction” Means selling of property through competitive bidding from registered bidders around the world,

“AUCTION CLOSING DATE” Mean the last date we would not accept any more offer from prospective Bidders on a property listed on the auction. (24:00 Midnight United Kingdom time).

“Subscription Fees” A yearly fees for Property Owners, Estate Agent and Business Partners to keep properties listing or advertisement on www.follionproperties.com. This must be in British pounds Sterling to Follion UK Limited account in United Kingdom.

“Bidder” Means prospective registered buyer for listed properties during auction. “Preferred Bidder” Means the highest bidder for the property auction sales

“Reversed Bidder” Means the 2nd and 3rd after the highest bidder of a particular property during the auction sales.

“Vendor” Means the owner of the property, products or services on this website.

“Cash Seller” Means any property owners who urgently needed Acceptable Offer amount from Property Investors for his/her property. The Offer amount usually less than the Market value of the property.

“Property Investor” Means a person or group of people or Organisation that registered on the Follion Properties Platform to puts money into properties available on the Follion Properties Platform to Buy To Let or for Private Use or Commercial Use.

“Purchaser” Means the buyer of the property, products or services advertised on the website.

“Deposit” Means the financial commitment from the prospective Bidder who wants to take part in Property Auction Platform. The currency must be in British Pounds Sterling and pay into Follion UK Limited account in United Kingdom.

“Commission” Means consideration for the service rendered during property transactions.

“Referral” Registered person or Company who introduced subscribers and commission paid Clients (Property Owners, Property Buyers, Estate Agents and Business Partners to Follion UK Limited Property website).

“Fees” Means money charges for advertisement on this website, verification of the property title instruments or documents hereof, running cost, professional fees etc.

“Property Instruments/Documents” Means the proof of ownership or evidence of the property make available for Sell, Lease/To Let and Auction.

“Source of Funds” Means the proof of the money the buyer used to buy the property.

“Business Partners” Means other professional Contractors, Sub-Contractors or Organisation engaged or appointed to perform some transactions in the property sales, Lease/To Let and auctions.

“Account” means collectively the personal information and Payment Information by Users to access Paid Content and / or any communications System on the Website;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Properties” means any properties, products and services advertises and / or makes available for sale, Lease/To Let and Auction through the Properties Website;

“Follion UK Limited” means Follion UK Limited at 5th Floor: 2, Wellington Place, Leeds LS1 4AP West Yorkshire, United Kingdom;

“Service” means collectively any online facilities, tools, services or information that Follion UK Limited makes available through the Website either now or in the future;

“Payment Information” Means any details required for the purchase of Property or other services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchaser” means any person or company that buys property and other services from Follion UK Limited from this Website

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises” Means our place(s) of business located at 5th Floor: 2, Wellington Place, Leeds LS1 4AP West Yorkshire, United Kingdom;

“System” Means any online communications infrastructure that Follion UK Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website and is not employed by Follion UK Limited and acting in the course of their employment; and

“Website / Platform” Means the website that you are currently using (www.follionproperties.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Business Customers

This website is free for all prospective buyers, sellers and property professionals worldwide. However, fees shall be charged on certain services: which include but not limited to. (Advertisement by professional Business partners, Estate Agents, direct listing by property owners and listing of property for Auction sales). Any prospective or existing property’s buyers on Auction sales platform required to make a fixed deposit before he/she can take part in the Property Auction Platform. (Please see terms and conditions 10. Requirements for Property Auction Sales). These Terms and Conditions apply to Business customers only.

3. Intellectual Property

3.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Follion UK Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 Subject to Clause 6 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 Follion UK Limited.

3.3 If you breach these terms, you lose your right to use the site and must destroy or return any copies you have made.

4. Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the Vendors or Business Partners of such products as may be applicable.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant Vendors or Business Partners.

5. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Follion UK Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.follionproperties.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Follion UK Limited. To find out more please contact us by email at [email protected]

8. Use of Communications Facilities

8.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

8.1.1 Obscene or vulgar language must not be used;

8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3 Content that is intended to promote or incite violence must not be submitted;

8.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5 The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;

8.1.6 Users must not impersonate other people, particularly employees and representatives of Follion UK Limited or our affiliates; and

8.1.7 Our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that Follion UK Limited reserves the right to monitor any and all communications made to us or using our System.

8.3 You acknowledge that Follion UK Limited may retain copies of any and all communications made to us or using our System.

8.4 You acknowledge that any information you send to us through our System or post on the forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

9. Accounts

9.1 In order to purchase property or advertise your properties or services on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:

9.1.1 All information you submit is accurate and truthful;

9.1.2 If you are buying on behalf of your clients, you have the authority to submit Payment Information where any such authority is required; and

9.1.3 You will keep this information accurate and up-to-date.

9.1.4 Your creation of an Account is further affirmation of your representation and warranty.

9.2 It is recommended that you do not share your Account details, particularly your username and password. Follion UK Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3 If you have reason to believe that your Account details has been obtained by another use/party without consent, you should contact Follion UK Limited immediately to suspend your Account and cancel any unauthorised transactions that may be pending. Please be aware that purchase transactions can only be cancelled until they are completed. In the event that an unauthorised purchase is completed prior to your notifying us of the unauthorised nature of the purchase, Follion UK Limited accepts no liability or responsibility on such transactions. You can only contact the parties involved in the transaction to resolve your issues.

9.4 When choosing a username Users are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10 REQUIREMENTS FOR PROPERTY AUCTION SALES

10.1 Purchasers and Vendors or Agents who want to buy and sell properties through Auctions must meet the following requirements and additional conditions apart from the general terms and conditions mentioned.

10.2 A prospective property buyers who wants to bid on the Property Auction Platform must made a fixed refundable deposit One thousand British Pounds Sterling (£1,000.00) to Follion UK Limited to become “Registered Bidder”.

10.3. Registered Bidder (Buyer) can bid for any Property available for sales on Auction Platform.

10.4. Once the bidder become the preferred bidder for the Auction Sales property. He/she must pay the total amount for the property and commission within seven working days.

10.5 In case of any default, from preferred bidder for the full payment of the property and the commission within seven working days. He/she shall forfeit the deposit paid. If the preferred bidder pay the total amount for the property within seven working days. He/she would have the deposit refunded.

10.6. The preferred bidder offered is still subject to vendor or Agent acceptance. If the Vendor or Agent declined the preferred bidder offer, the preferred bidder would have the deposit refunded.

10.7. All successful preferred bidder/buyer must provide information about the source of funds used to purchase the property to Follion UK Limited for our record.

10.8. All taxes and Levies thereon shall be paid by the preferred bidder and buyer to the appropriate Government agency of the country where the property is situated.

10.9. All the preferred bidder must pay commission to Follion UK Limited. Once he/she becomes the winner of the property on Auction Platform. The commission rate is between 2.5 to 10% of the value of the property.

10.10. If the highest bidder fails to make fully payment for the property within seven working days given. Follion UK Limited, We will contact reserved bidders for the property.

10.11 Prospective buyers or registered bidders must conduct full investigation about the property listed on our website for sale, Lease/To Let and auction before making any payment to vendors or agents. Follion UK Limited shall not be hold responsibility or hold liable for any buyer failures. Thought, we try to do investigation about listed properties on Auction Sales only. Prospective bidders or buyers must verify the property on their own or with relevant professional firm before making payments.

10.12. Vendors or Agents must provide Follion UK Limited clear photocopies of all the property documents or instruments for auction sales and the mean of identification of the property owner. Also, the original copy must be sighted before listing the property for Auction Sales.

10.12. Vendors or Agents must pay administrative fees for listing of property for Auction Sales to cover additional campaign for the auction, verification of the property instruments. etc

10.13. Vendors and Agents must sign and give Follion UK Limited Power of Attorney to sell the property before we list the Property on Auction Platform.

10.14. Follion UK limited will relist the property for another round of auction. If no acceptable offer from the preferred bidders or no offer during the auction sales.

11. REQUIREMENTS TO BECOME REGISTERED REFERRALS

11.1 Any person with a minimum age of 18 years and above or Company can join our Referral Networks from anywhere around the world.

11.2 They must register on the Property Website and have a Referral ID first before becoming our registered Referral to earn fixed percentage on subscriptions or commission as revenues from Follion UK Limited from the Clients they introduced to our property website.

11.3 The Prospective Clients must register with Referral ID when creating account or registering on our property website.

11.4 If the Prospective Clients failed to register with the referral ID during registration process, Referral wouldn’t get any revenues on this client.

11.5. The Referral would get fixed yearly percentage on subscriptions as commission on all the clients and no limit to number of clients a Referral can bring to the property website or have in their account

11.6 The referral commission will be at the end of the year and the currency will be in British Pound sterling.

11.7 The Referrals outside United Kingdom will pay for the cost of transferring the commission amount to their account in their country of resident. The cost of transferring the money will be removing from the total payable commission to the Referral.

11.8 The Referrals must pay all applicable Government taxes in their country of resident.

11.9 A person or company under our Referral Networks is neither our staff nor Representative.

11.10 The referral only gets fixed percentage as commission on subscription or commission Follion UK Limited received from clients Referral introduced to our property website yearly. If a client stops paying subscription and Follion UK Limited receives no commission from the client through the year. The referral gets no commission from Follion UK Limited.

11.10 Follion UK limited can suspend or remove any person or company under our Referral Networks without any reason. Also, any registered Referral can delete their account from our Referral Networks.

12. Termination and Cancellation

12.1 Either Follion UK Limited or a User may terminate an Account. If Follion UK Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2 If Follion UK Limited terminates an Account; any current or pending transactions on your Account will be cancelled and your account would be closed.

12.3 Follion UK Limited reserves the right to accept or decline your property or services advertisement on our website without stating reasons, for any reason prior to processing payment.

12.4 If we cancelled your registration or property advertisement for any reason after making payment for the services, we will be refund any monies paid in relation to those transaction.

12.5 If a User terminates their Account all pending transactions will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

13. Payment

13.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Follion UK Limited.

13.2 Interest will be charged on a daily basis, commercial interest at 6% above the base rate of the Bank of England obtaining at the time.

14. Properties, Pricing and Availability

14.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Properties available on our website (www.follionproperties.com) correspond to the actual properties, Follion UK Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct properties, not different properties altogether. Please refer to Clause 16.1 for incorrect properties.

14.2 Where appropriate, you may be required to select the required [type] [Location] [price] [measurement] [other features] of the properties that you are purchasing.

14.3 Follion UK Limited does not represent or warrant that such properties will be available on the website in perpetuity. However, these may not take into account sales that have taken place during visit to the web site.

14.4 All pricing information on the Website is deemed correct at the time of going online. Follion UK Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

14.5 In the event that prices are changed during the period between an order being placed for property and Follion UK Limited processing that order and taking payment, you will be contacted prior to your purchase being processed with details of the new price;

15. Property, Risk and Account of Profits

15.1 Title in property will not pass to the Purchaser until the full purchase price for the property has been received by Follion UK Limited, Vendor or Agent. Title remains with Follion UK Limited, Vendor or Agent until payment is complete.

15.2 If the Purchaser sells the property on to its own customers in any form, either as purchased from Follion UK Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Follion UK Limited remains outstanding, the Purchaser must account to Follion UK Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Follion UK Limited until payment has been received in full by Follion UK Limited.

15.3 Follion UK Limited reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Follion UK Limited has the right to enter the Purchaser’s premises and repossess the properties which, by virtue of sub-Clause 14.1, remain the property of Follion UK Limited.

15.7.1 Any use or enjoyment that you may have already had out of the property;

15.7.2 Any characteristics of the property which may cause them to deteriorate or devalue rapidly;

16. Cookies Privacy Policy

16.1 Use of the Website is also governed by our Privacy Policy, please read our Privacy policy carefully. Which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the privacy policy link.

16.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Follion UK Limited to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

Name of Cookie Name of Provider 1st / 3rd Party Purpose

guest_id Follion UK Limited 1st Party Use as part of string use to identify each customer

has_js Follion UK Limited 1st Party Check if customer enable JavaScript.

currency Follion UK Limited 1st Party Use for improving user experience

PHPSESSID Follion UK Limited 1st Party Use for keeping basket information

_ga Google 3rd Party use to track page view by user

_gat Google 3rd Party Used to throttle request rate.

16.3 You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browsers help menu.

16.4 If at any time you wish to disable cookies, you may do so through the settings on your browser, but if you do so you may not be able to use certain important features of the site.

17. Disclaimers

17.1 Follion UK Limited makes no warranty or representation 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 and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst Follion UK Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

18. Changes to the Service and these Terms and Conditions

Follion UK Limited reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Follion UK Limited is required to make any changes to Terms and Conditions relating to sale of properties by law, these changes will apply automatically to any purchasing or auction currently pending in addition to any purchase placed by Purchasers in the future.

19. Availability of the Website

19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 Follion UK Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, Follion UK Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts Follion UK Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Follion UK Limited.

20.3 Nothing in these Terms and Conditions excludes or restricts Follion UK Limited’s liability for any direct or indirect loss or damage arising out of the incorrect displaying and advertisement of properties and services or incorrect information included on the Website.

20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Follion UK Limited.

24. Notices

24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 Follion UK Limited may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click “Unsubscribe link in any email which you receive from us”.

25. Law and Jurisdiction

25.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach of it.

25.2 If such dispute cannot be settled amicably through negotiations between the parties, either party may propose to the other that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

25.3 These Terms and Conditions and the relationship between you and Follion UK Limited shall be governed by and construed in accordance with the Law of England and Wales and Follion UK Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

25.4 Any dispute shall not affect the parties’ ongoing obligations under the Agreement.