A. TERMS OF BUSINESS
1. Terms
1.1 The following terms of business (the "Terms") form the basis of the agreement between Kuvera Irl. Limited, a company incorporated in Ireland under the Companies Acts (Company Number 419402) and having its registered office at 2 Clarion Quay, Block 11, I.F.S.C., Dublin ("Kuvera Irl.") and You (the "Agreement").
1.2 Kuvera Irl. act as an intermediary and agent for property sellers and may provide You with the opportunity to hold, reserve and agree to purchase properties listed on www.Kuveraproperties.com (the "Website") from the seller.
1.3 Kuvera Irl. may also, but do not have to, provide additional advice and assistance to You after You have agreed with the seller to purchase a property.
B. REGISTERING AND OPENING AN ACCOUNT ON THE WEBSITE
2. Registering
To register to use the client area of the Website You must agree to be bound by these Terms by clicking the accept button at the end of the registration form.
3. Opening and Accessing Your Account
3.1 Once You have accepted these Terms Kuvera Irl. will open an account for You and e-mail Your password required for logging-in to Your account in the client area of the Website.
3.2 This Agreement will commence on the date that the e-mail containing Your password was sent by Kuvera Irl..
3.3 Your account and password are personal to You and should not be disclosed to anyone. You are responsible for all holdings, reservations, actions and activities that take place on Your account and/or using Your password. If You think that someone may know Your password or have used Your account or password without Your permission, You must contact Kuvera Irl. immediately.
3.4 Access to the client area of the Website is currently free. Kuvera Irl. may, at any time, restrict access to the Website (including the client area), charge for access to the Website (including the client area), or withdraw, in whole or part, the Website.
C. INFORMATION CONTAINED ON THE WEBSITE
4. Information contained on the Website
4.1 The Website may contain information about properties available for purchase from a third party, the value of the properties and the level of investment required to purchase the properties (the "Property Information"), and the potential return that could be made by purchasing the properties (the "Financial Information").
4.2 The Property Information is based on information from third parties such as sellers and their agents, surveyors and the like. The Financial Information is based on Kuvera Irl.'s in association with our sister company Exclusive Source’ research and analysis of the market place. As the Property Information is reliant on third party information and often time critical, and the Financial Information speculative in nature, and again often time critical, Kuvera Irl. do not guarantee the accuracy, reliability or completeness or otherwise of the Property Information or Financial Information.
4.3 For the avoidance of any doubt Kuvera Irl. is not a regulated or licensed investment or financial advisor. All Information provided by Kuvera Irl. is intended as general information regarding property matters and should never be treated as giving advice or making a recommendation.
4.4 If You are going to rely on any of the Property Information or Financial Information, especially if relying on it could change Your financial or legal position, Kuvera Irl. strongly advise You exercise the same care and caution as You would normally use when making a substantial financial investment. In particular You should verify the Information and carry out an independent legal and financial assessment of any proposed investment, before committing to it. PLEASE REMEMBER THAT THE PRICE AND VALUE OF ANY PROPERTY CAN GO DOWN AS WELL AS UP. THIS CAN MEAN THAT YOU MAY GET BACK LESS THAN THE AMOUNT YOU ORIGINALLY INVESTED.
5. Third Parties on the Website
5.1 The Website may contain recommendations about the services offered by solicitors, mortgage brokers, furniture suppliers, accountants, estate agents or other third parties ("Third Parties").
5.2 Kuvera Irl. do not guarantee the competence and reliability of the Third Parties.
5.3 If You are going to instruct any of these Third Parties, or rely on any advice or information provided by them, especially if relying on it could change Your financial or legal position, Kuvera Irl. strongly advise You exercise the same care and caution as You would normally use when consulting such a Third Party.
D. USING THE SERVICES OFFERED BY KUVERA IRL.
6. Properties listed on the Website
6.1 Kuvera Irl. may through the Website, by e-mail, postal mail, telephone, or any other means provide You with Property Information and/or Financial Information about properties that are or may in the future be available for purchase (the "Property") as agent for certain third parties.
6.2 Kuvera Irl. are relying on plans, designs, specifications, particulars, pictures and/or artists' impressions of the Property provided by third parties, and these are only intended as a general guide. In particular, the seller of the Property (the "Seller") may, at any time and without prior notice, alter any plans, designs, specifications, particulars, pictures and/or artists' impressions for the Property.
6.3 Where the Property has either still to be built or is in the process of being built the Seller may make alterations to the plans, designs, specifications, particulars, pictures and/or artists' impressions. The plans, designs, specifications, particulars, pictures and/or artists impressions (as may be revised from time to time) may be available for inspection on the site being developed or in the relevant regional office of the Seller.
6.4 Although Kuvera Irl. will let You know about any alteration to the plans, designs, specifications, particulars, pictures and/or artists' impressions that they become aware of, it is Your responsibility to check the most up-to-date position with the Seller before committing to any Property and to continue to check what, if any, alterations have been made while the Property is being built.
6.5 You accept and agree that if You enter into an agreement to purchase a Property listed on the Website otherwise then through Kuvera Irl. You will still be liable to pay the Kuvera Irl. fees (as set out on Website) the in respect of that Property. In these circumstances You will pay the fees to Kuvera Irl. within 7 days of receiving an invoice from Kuvera Irl..
6.6 Clause 6.5 will not however apply if You or Kuvera Irl. have ended this Agreement under clause 12 before the Property is listed on the Website by Kuvera Irl..
7. Holding and Reserving a Property
7.1 You may be able to hold a Property listed on the Website by clicking on the appropriate icon and submitting the requested information to Kuvera Irl. through the Website. This means that provided You comply fully with terms 7.3, 7.4, 7.5, 7.6 and 7.7 no other Kuvera Irl. client will be able to place that Property on hold.
7.2 Kuvera Irl. will confirm to You, by e-mail, details of any Property that You have placed on hold and the reservation fee payable, and will send the reservation form to You by post.
7.3 Kuvera Irl. must receive as agent for the Seller Your reservation fee in the form of a cheque made payable to the Seller (unless otherwise stated on the Website) within two business days of the hold being placed on the Property. Kuvera Irl. would strongly advise that You send all reservation cheques by Special Delivery or Registered Mail.
| Property placed on hold on |
Cheque to be received by |
| Monday |
Wednesday |
| Tuesday |
Thursday |
| Wednesday |
Friday |
| Thursday |
Monday |
| Friday |
Tuesday |
| Saturday |
Tuesday |
| Sunday |
Tuesday |
7.4 As soon as You have posted Your reservation fee please email Kuvera Irl. at info@kuveraproperties.com to confirm that Your reservation fee has been posted. If Kuvera Irl. do not receive Your reservation fee within the required two business days, Your hold placed on the Property will be removed and the Property will be re-listed for sale on the Website.
7.5 Your reservation form must be signed and returned to Kuvera Irl. as soon as possible; in any event Kuvera Irl. must receive Your reservation form within seven business days of the Property being held through the Website. If Kuvera Irl. do not receive Your reservation form within the required seven business days, Your hold placed on the Property will be removed and the Property will be re-listed for sale on the Website.
7.6 It is Your responsibly to obtain a decision in principle from Your mortgage broker and provide copies to Kuvera Irl. within a reasonable time and in any event within 7 business days of the Property being held through the Website. If Kuvera Irl. do not receive the documentation within the required 7 business days, Your hold placed on the Property may be removed and the Property will be re-listed for sale on the Website. In such circumstances Kuvera Irl. will return Your reservation cheque to You.
7.7 Once Kuvera Irl. have received as agent for the Seller:-
- 7.7.1 Kuvera Irl.'s fees;
- 7.7.2 Your reservation fee;
- 7.7.3 Your signed reservation form; and in some circumstances
- 7.7.4 written confirmation from Your mortgage broker that You have a decision in principle from them or written confirmation from You that You do not require a decision in principal,
Your reservation form and cheque will be sent to the Seller.
7.8 Once Kuvera Irl. have confirmed Your reservation form and cheque have been received and accepted by the Seller, the Property will be reserved (the "Reservation") (subject to the Seller's usual practice) for a reasonable period for You to be able to enter into a legally binding contract with the Seller to purchase the Property (the "Contract"), for example exchange contracts in England or conclude missives in Scotland.
7.9 For the avoidance of any doubt, in the event that no Contract is entered into within a reasonable period, Your Reservation may (subject to the Seller's usual practice) be cancelled by the Seller and Your reservation fee may be retained by the Seller.
7.10 Unless You inform Kuvera Irl. otherwise on Your reservation form, Kuvera Irl. will instruct on Your behalf a solicitor selected by Kuvera Irl..
E. FEES
8. Kuvera Irl.'s Fees
8.1 Kuvera Irl.'s fees (the "Fees") for providing the services set out in section D in relation to each Property will be set out on the Website.
8.2 The Fees become chargeable and are required to be paid by You at Exchange of Contracts
8.3 Once the Fees become payable, no act or omission of You or the Seller will affect Kuvera Irl.'s entitlement to be paid the Fees on time.
F. CHANGING AND ENDING THE AGREEMENT
10. Changing these Terms
10.1 Kuvera Irl. may change these Terms from time to time on giving no less than 30 days notice. You will be notified of any change to these Terms by email and an announcement will be posted on the Website.
10.2 If You decide not to accept any change made to these Terms You must inform Kuvera Irl., in writing, within 3 working days of receiving the e-mail, otherwise You will be deemed to have accepted the change.
11. Ending the Agreement
11.1 Either You or Kuvera Irl. may end the Agreement immediately on giving written notice.
11.2 For the avoidance of any doubt, if You choose to end the Agreement this will not affect any Reservation or Contract You have already entered into prior to ending the Agreement. You will still be liable to pay Kuvera Irl. any Fees due in relation to any such Reservation or Contract, including any fees due to Kuvera Irl. under clause 6.5.
G. GENERAL
12. Your Personal Information
12.1 Your personal information collected by Kuvera Irl. may be used to enable Kuvera Irl. to deal with any request You have made using the Website. Kuvera Irl. will also use and analyse the information collected so that Kuvera Irl. can administer, support, improve and develop Kuvera Irl. 's business.
12.2 Kuvera Irl. may use Your personal information to contact You for Your views on the services provided by Kuvera Irl. and to notify You occasionally about important changes or developments to these services. Further, Kuvera Irl. may also use Your information to let You know about other products and services which Kuvera Irl. offer which may be of interest to You and Kuvera Irl. may contact You by e-mail, post, telephone or fax. If You do not want to be contacted by Kuvera Irl., please let Kuvera Irl. know in writing.
12.3 Kuvera Irl. may allow carefully selected third parties to contact You about products and services which may be of interest to You. They may contact You by e-mail, post, telephone or fax. If You do not want to be contacted by these companies, please let Kuvera Irl. know in writing.
12.4 If any of Your personal details change You should let Kuvera Irl. know as soon as possible. You can do this by sending an email to info@kuveraproperties.com.
14. Confidentiality
You accept and agree that You will not disclose or use or cause to be disclosed or used, at any time during or after this Agreement has, any secret or confidential information of Kuvera Irl., their clients or customers or any other non public information relating to Kuvera Irl.'s business, financial or other affairs acquired under this Agreement. That confidential information includes any price, discount or other financial information about any Property.
15. Invalidity
If any Term of this Agreement is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other Term of this Agreement and the remainder of the Term in question shall not be affected.
16. Entire Agreement
16.1 It is intended that this Agreement contains the entire Agreement between You and Kuvera Irl. and supersedes any previous Terms in relation to the matters with which it deals, including Kuvera Irl.'s Website Terms and conditions.
16.2 Other than as expressly set out in this Agreement, You accept and agree that You were not induced to enter into this Agreement in reliance of any statement, warranty or representation which is not repeated in this Agreement.
16.3 If this Agreement does not set out all of the terms of Kuvera Irl.'s agreement with You, You must notify Kuvera Irl. in writing within 5 days of any such statement being made.
16.4 If during the course of this Agreement Kuvera Irl. have made any additional statements on which You are relying, You must notify Kuvera Irl. in writing within 5 days of any such statement being made.
17. Notices
17.1 Any notice to be given to You under this Agreement can only be:
- 17.1.1 delivered to You personally at the address provided by You in Your Registration Form; or
- 17.1.2 e-mailed to You at the e-mail address provided by You in Your Registration Form.
17.2 Any notice to be given to Kuvera Irl. under this Agreement can only be:
- 17.2.1 delivered to Kuvera Irl. 2 Clarion Quay, Block 11, IFSC, Dublin 1 , Ireland or
- 17.2.2 e-mailed to Kuvera Irl. at info@kuveraproperties.com.
17.3 A notice is deemed to have been served if:
- 17.3.1 personally delivered, at the time of delivery;
- 17.3.2 send by e-mail, 12 hours after the e-mail was sent.
17.4 In proving service it is sufficient to prove that personal delivery was made, or that the print of the e-mail containing the notice was properly addressed.
18. Governing Law
This Agreement is governed by the laws of Ireland.