Terms of Use

These terms of use constitute a legal document between you, as the user of the website www.britishpearl.com (the “Site”), and British Pearl, as the owner of the Site.

1. Use of the Site

   1. These terms of use (the “Terms”) set out the Terms on which you may make use of our Site, whether as a guest or a registered user. By using our Site, you are deemed to accept and be bound by these Terms so please read them carefully. If you do not wish to be bound by the Terms, please refrain from using our Site immediately.
   2. The services and products on this Site are intended for use by residents of the UK only and are not aimed at or intended for use by residents of any other jurisdiction. Those who choose to access the Site from other locations do so of their own initiative and are responsible for compliance with any applicable local laws.
   3. In order to register with us you must be eighteen (18) years of age or over. You must ensure that the details you provide on registration or at any time are accurate and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

2. About Us

   British Pearl ® (“We”, “Our”, “Us”) is the UK registered trademark and trading name of British Pearl Limited, a company authorised and regulated by the Financial Conduct Authority (Company No. 7151774 and FCA Register No. 674693). British Pearl Finance Limited (Company No. 10575280 and FCA Register No. 770867) is an appointed representative of British Pearl Limited. www.britishpearl.com is a website operated by British Pearl®.

3. Intellectual Property

   1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. The Site may include at any given time text, graphics, images, logos, icons, sound clips, video clips and data compilations, and together with the Site’s page layout, underlying code and software, are referred to as “Content”. All of the Content is the property of British Pearl, our affiliates or third parties with whom we do business, and is protected by the UK and international intellectual property laws, and other relevant laws. All such rights are reserved.
   2. In addition and except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (which contains what are generally known as the “fair use” provisions for copyright materials);
      • You may not make a permanent copy of or reproduce this Site in any form. You may not reproduce or incorporate this Site into any other website. You may only print, display or download temporary copies of the content to your computer for your own personal non-commercial use.
      • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
      • Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
      • If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      • You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not link to this Site or frame it without our express consent.

4. Relationship with Other Agreements

   1. In addition to these Terms, our Privacy Policy and Cookie Policy apply to you and everyone else who uses the Site. The Terms, Privacy Policy and Cookie Policy are together referred to as the “Site Agreements”.
   2. There are a number of other documents that you may choose to be bound by during your use of the Site. For example, if you wish to invest in or lend to a special purpose vehicle (or “SPV” – see the How It Works section for more details) on the Site you will need to agree to all or some of the documents listed below:
      • Investment Terms and Conditions,
      • Investment Management Agreement,
      • Loan Agreement,
      • Property Management Agreement,
      • Articles of Association,
      • Stock Transfer Form,
      • Loan Agreement,
      • Loan Transfer Agreement, and
      • Legal Charge
   3. These documents are collectively the “Investment Agreements”. The Investment Agreements set out the terms that govern your investment in or loan to an SPV on the Site, and your relationship with us, and our affiliates, when you invest in or lend to an SPV on our Site. They are to be distinguished from these Terms, which govern your technical use of the Site.
   4. The Site Agreements will continue to apply to you even after you have agreed to be bound by the Investment Agreements. If there is a conflict between the Investment Agreements and the Site Agreements, the Investment Agreements will take precedence.

5. Accessing our Site

   1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the content of and/or service we provide on our Site without notice (see below). We will not be liable for any loss, damages, expenses or anything else, if for any reason our Site is unavailable at any time or for any period.
   2. We reserve the right to restrict access to parts of our Site, or our entire Site, to users who have registered with us from time to time for any reason.
   3. 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 you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our view you have failed to comply with any of the Terms.
   4. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them. We will not be liable for any damage caused by unauthorised access to the Site using your login.
   5. You must not place undue strain on our Site (for example by high frequency trading) nor seek to unfairly influence trading activity in a manner that we believe to be detrimental to us or our investors. We reserve the right to IP block, throttle data requests and/or suspend accounts that breach this clause.

6. Reliance on Information Posted

   Any information, commentary or any other material posted on our Site is not intended to amount to advice. We are not liable for any damage, losses or costs arising from any reliance placed on such material by any visitor to our Site, or by anyone who may be informed of any of its contents. Every visitor to the Site is responsible for obtaining independent advice and satisfying themselves with their own due diligence before investing through the Site.

7. Disclaimer

   1. British Pearl has taken all reasonable care to ensure that the information contained in this Site (but not any links to or from the same) is up to date and accurate.
   2. British Pearl makes no representations or warranties of any kind with respect to this Site or the content contained on it, including any text, graphics, advertisements, links or other items.
   3. Further, neither British Pearl nor any other contributor to this Site makes any representation nor gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, the suitability of any of the financial products referred to therein to your financial needs or circumstances, completeness or freedom from viruses of the content contained on this Site or that such content will be accurate, up to date, uninterrupted or error free.
   4. Nothing on this Site shall be regarded or taken as the giving or other providing of financial, investment or other professional advice and you are strongly recommended to take such advice or other steps to assure yourself of the suitability of the same to your financial needs and circumstances before taking any further steps. Additionally we make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this Site.
   5. Links contained in this Site may lead to other Sites that are not under our control, and we accept no liability for the content or availability of any linked Site that is not operated by us or any link contained in a linked Site not operated by us. We accept no responsibility or liability for loss or damage that may arise from using any other websites that are listed on our Site. Links are provided for information only. The inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to this Site.
   6. The information, material and content provided in the pages of this Site may be changed at any time without notice.
   7. Changes may be made to these Terms at any time without notice. Any revision to the Terms shall take effect as at the date when the change is uploaded to the Site. You agree to review the Terms regularly and your continued access to or use of this Site will mean that you agree to any changes.
   8. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
   9. Except as explicitly stated in the Investment Agreements, you need to be aware that we make no guarantee of any specific results from entering into an investment in a property on the Site including any net income and/or the capital return realised. The investments on this Site 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. No part of this Site is intended to constitute investment or tax advice, and it is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making an investment.
   10. The Site is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults. We make no warranty or representation (express or implied) that the Site 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. 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 Site or any information contained in it, to the maximum extent permitted by law.
   11. You use the Site and its content at your own risk. We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.

8. Our Liability

   1. The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      1. All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
         • loss of income or revenue;
         • loss of business;
         • loss of profits or contracts;
         • loss of anticipated savings;
         • loss of data;
         • loss of goodwill;
         • loss of any opportunity;
         • wasted management or office time; and,
         • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
   2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable English law.

9. Your money

   1. Prior to the completion of the purchase of the shares in the relevant SPV, or completion of the loan to the relevant SPV, your money will remain in your Investor Account. This money will be held on trust in a segregated client account separate from British Pearl’s funds. While your money is in this account, your money is protected by the Financial Services Compensation Scheme (“FSCS”) up to £85,000. You can withdraw your money at any time prior to the purchase of shares in an SPV or completion of a loan to an SPV.
   2. We shall exercise due skill, care and diligence in the selection, appointment and periodic review of any credit institution or bank (other than a central bank) where the client money is deposited and for the arrangements for holding the client money, but we shall not be responsible for any acts, omissions or default of any such credit institution or bank.
   3. You acknowledge and accept that your money may be pooled with money belonging to other clients, which means that you will not have a claim against a specific sum in a specific account, but against the client money pool in general.
   4. If you withdraw your money from your Investor Account and close your Investor Account with us in which case we reserve the right to retain certain data to comply with our regulatory obligations.

10. Revisions

    British Pearl reserves the right to change from time to time and without giving notice of any such change, the contents of these pages (including the contents of these Terms to reflect any changes in law or for any other reason, and you are strongly advised to check these Terms each time you visit this Site. If we do update these Terms, we will upload a new version to the Site and as soon as you use the Site after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms that you have, or are deemed to have, agreed to. If there is a conflict between any versions of the Terms to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.

11. Information About You and Your Visits to our Site

    We process information about you and store cookies in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

12. Viruses, Hacking and Other Offences

    1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would 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 right to use our Site will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Site linked to it.

13. Messaging/Email

    Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or alteration or loss. We are not responsible for any message intercepted, altered or lost by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.

14. Cancellation

    1. You have the right to cancel your agreement with us under these Terms for a period of 14 days (“Cancellation Period”) from entry into these Terms without needing to give us any reason. You may cancel these Terms by providing us with a written statement setting out your intent to cancel by email to notices@britishpearl.com^[1] If you do not cancel your agreement to these Terms within 14 days, you lose your right to cancel.
    2. Please note that prior to making an investment, whether in the New Sale Market or the Resale Market, you must first agree to the Investment Terms and Conditions applicable to that investment. By so doing, you will forego your right to cancel these Terms, even if that is during the Cancellation Period.

15. Complaints

    1. If you have a complaint please tell us via the Support^[2] section of the website.
    2. We will aim to respond to your complaint in a timely fashion. If your complaint is not dealt with to your satisfaction or if you have not received final response letter from us within eight (8) weeks of initiating a complaint, you have the right to make a complaint to the Financial Ombudsman within six (6) months. You can contact the Financial Ombudsman at: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or by calling them on 0800 023 4 567
    3. Your right to take legal action is not affected if you do not refer your complaint to the Financial Ombudsman Service.

16. Severability

    We have made every effort to ensure that these Terms adhere with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, if any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.

17. No Waiver

    In the event that either you or we fail to exercise any right or remedy contained in these Terms, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.

18. Jurisdiction and Applicable Law

    1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
    2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19. Contact

    If you wish to contact us about these Terms, or if you have any concerns about material that appears on our Site, please visit the Support^[2] section of the Site

Links

1. notices@britishpearl.com
2. Support section