DEALSOURCER.COM
TERMS & CONDITIONS
Last updated: 18 June 2021
These Terms and Conditions and any other documents and polices which are incorporated by reference (“Conditions”) are between (1) JZ Technologies Ltd a company registered in England and Wales with company number 08598692 whose registered office is at 63/66 Hatton Garden, Fifth Floor Suite 23, London, England, EC1N 8LE, the owner of the website http://dealsourcer.com (“we”, “us” or “our”), and (2) the person/entity agreeing to these terms (“User”, “you ” or “ yours ”).
Investing in property involves risk, including loss of capital and illiquidity. We are not authorised and regulated by the Financial Conduct Authority. Your attention is particularly drawn to Condition 2 (Disclaimer and Limitations).
These Conditions tell you the terms on which you may use Our Site (as defined below) at http://dealsourcer.com/ and all other platforms including mobile and tablet as a registered User. We agree to provide Online Services (as defined below) to you in accordance with and subject to these Conditions. These Conditions form a legally binding contract between us, and you so please take the time to read them carefully and make sure you understand them.
If you are accepting these Conditions and register for the Account (as defined below), on behalf of a registered User, you represent and warrant that you: (i) have full legal authority to bind that registered User to these Conditions; (ii) have read and understood these Conditions; and (iii) agree to these Conditions on behalf of that registered User.
Please also read our Privacy Policy which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Conditions.
1. Definitions and Interpretations
“Account” either (1) Sourcer Account or (2) Investor Account.
“Advertising Fee” the fee paid by the Sourcer for the Advertising Services via the Sourcer Account.
“Advertising Services” the advertising services to be provided by us to the Sourcer on Our Site, under and in accordance with these Conditions.
“Applicable Laws” means all applicable laws, regulations and regulatory requirements of England and Wales relating to the performance or receipt of the Advertising Services, as amended and in force from time to time.
“Conditions” means these Terms and Conditions, as may be amended from time to time.
“Confidential Information” includes all written, electronic or oral information relating to the business or assets of each party and the terms or subject matter of these Conditions.
“Contents” means all and any of the content available on Our Site and Newsletters including, but not limited to, the Deals.
“Compliance Information” means the following information which the Sourcer will be required to provide and maintain when using the Sourcer Account:
a) Company’s details
b) Redress Scheme reference number
c) HMRC AML reference number
d) ICO registration number
e) Insurance provider, policy number with expiry date
“Data Protection Laws” means, up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
“Deal” means a deal submitted by the Sourcer through the Sourcer Account and advertised/displayed on Our Site on the basis of the Deal Information.
“Deal Information” all the information about the Deal provided by the Sourcer, including the Sourcing Fee.
“Deal Order” means the Sourcer’s order submitted containing the Deal Information via the Sourcer Account to us display the Deal on Our Site.
“GDPR” means General Data Protection Regulation – (EU) 2016/679).
“Guest” the User who has not registered for either (1) Sourcer Account or (2) Investor Account.
“Intellectual Property Right “ means all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names and any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world.
“Investor” the registered User who has registered for the Investor Account.
“Investor Account” means a user account on Our Site for which the Investor can register here http://dealsourcer.com.
“Membership Fee” the fee paid by the Investor for the Investor Account.
“Newsletter” the newsletter containing Deals and distributed to Investors on regular basis.
“Our Site” means http://dealsourcer.com/ as may be amended from time to time.
“Online Services” means online services available on Our Site including, inter alia, Advertising Services.
“User” means anyone using or accessing Our Site, and a registered User means the User who has registered for either (1) Sourcer Account or (2) Investor Account
“Personal Information” certain personal information about yourself which we may request you to provide when registering for either (1) Sourcer Account or (2) Investor Account on Our Site.
“Privacy Policy” means our privacy policy effective and in force at the relevant time, as made available here http://dealsourcer.com/privacy-policy
“Reservation Fee” the reservation fee paid by the Investor via the Investor Account to reserve the Deal.
“Reserved Deal” the deal which has been reserved by the Investor following payment of the Reservation Fee.
“Sourcer” the registered User who has registered for the Sourcer Account.
“Sourcer Account” means a user account on Our Site for which the Sourcer can register here http://dealsourcer.com/.
“Sourcing Fee”the sourcing fee to be charged by the Sourcer as specified in the Deal Information.
2. Disclaimer and limitations
2.1. Your use Our Site and Online Services offered by us is at your own risk. Our Site, the Content and other services offered by us are provided “as is” and on an “as described” basis.
2.2. Our Site may contain hyperlinks to other websites owned and operated by third parties. These third-party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third-party websites, and we are not responsible for the availability of such websites. We do not accept any responsibility or liability for any third-party websites and your access and use of such services and content is at your own risk.
2.3. We are not a property sourcing company and therefore will not provide any Deals directly to you. We are an online platform who connects regulated sourcers and investors, nothing more. As such, we do not offer any advice or recommendation in connection with any of the Deals that are displayed on Our Site or contained in any of the Newsletters.
2.4. All Deals are displayed on Our Site or contained in any of the Newsletters on the basis of the Deal Information which we have received from the Sourcers who submitted Deal Order.
2.5. All Sourcers which register for Sourcer Account are asked to confirm that they are registered and compliant with the Applicable Laws but we do not verify the information they provide with the relevant authorities.
2.6. Following the reservation of the Deal, the Investor will receive direct contact details to the Sourcer (which will include all information the Sourcer has provided us when registering for the Sourcer Account) so the Investor will have an opportunity to agree the terms of the purchase of the Deal and verify the Sourcer directly.
2.7. Therefore, the Sourcers remain fully responsible for any and all accuracy, errors, emissions or misstatements contained in the Deals.
2.8. As such, we accept no liability whatsoever for the Contents and any information displayed on Our Site and included in our Newsletters which, for avoidance of any doubt are provided without any warranties as to its completeness or accuracy.
2.9. To the fullest extent permitted by Applicable Laws, we (including its officers, employees and agents) expressly excludes conditions, representations, warranties (whether express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any User of Our Site, including, without limitation, any liability for:
a) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
b) wasted management or office time; and
c) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
2.10. The exclusion and limitation of liability set out in this Condition 2 does not apply to:
a) liability arising from death or injury to persons caused by negligence;
b) liability arising as a result of fraud; and
c) anything else which cannot be excluded or limited by the Applicable Laws, to which no limit applies.
2.11. The aggregate our liability under or in connection with these Conditions, whether arising from contract, negligence or otherwise, shall be limited to 100% of the fees paid or payable by you in connection with the particular Deal in which the liability arises.
3. Online Services and Account set up
3.1. We provide an Online Services through Our Site which connects the Sourcers with Investors. It enables:
a) Sourcers to publish their Deals on Our Site;
b) Investors to reserve the Deals which then can subsequently purchase directly from and/or through the Sourcer;
c) Guests to view only limited information about the Deals on our Site and through Newsletters.
3.2. Subject to Condition 2 above (Liability Disclaimer), we shall:
a) provide the Online Services with reasonable care and skill in a professional and timely manner; and
b) use reasonable endeavours to remedy faults or errors on Our Site as soon as possible.
3.3. Online Services are subject to various fees depending on whether you are a Guest, Sourcer or Investor and which Account has been registered. We do not receive any commission from the purchase or sale of the Deals.
3.4. In order to use certain Online Services on Our Site, we will require you to register for your Account and, through that, provide certain Personal Information.
3.5. You agree to provide and maintain Personal Information which are truthful, accurate, current and complete as prompted by the relevant registration forms and features available on Our Site.
3.6. We will keep your Personal Information secure and will use it only in accordance with our Privacy Policy http://dealsourcer.com/privacy-policy
3.7. When you register for your Account, your email address will become your username and you will be emailed your unique password that gives you access to your Account.
3.8. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur through your Account. You agree to:
a) immediately notify us if you become aware of any unauthorised use of your password or your Account or any other breach of security by sending an email to info@dealsourcer.com
b) set up a new password to your Sourcer Account; and
c) ensure that you exit from your Sourcer Account at the end of each session.
3.9. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements or if a third-party gains unauthorised access to your Account.
4. Sourcer Account
4.1. In addition to the Personal Information, when registering for the Sourcer Account the Sourcer will also be asked to confirm that it is a regulated Sourcer complying with all Applicable Laws and provide the Compliance Information.
4.2. You confirm that those Compliance Information are true and agree that for us to provide these to the Investor following reservation of the Deal though Our Site.
4.3. A fixed Advertising Fee will be payable for every Deal Order you submit via the Sourcer Account. All charges stated on Our Site are exclusive of VAT, unless indicated otherwise.
4.4. You must pay the charges via the Sourcer Account in the manner stipulated by us. We will issue invoices for the charges paid by you and send to you electronically to an email.
4.5. By submitting the Deal Order, the Sourcer authorises us to:
a) display the Deal on your Our Site and other websites (such as Facebook, Twitter, Instagram and other social medias);
b) share and submit Deal (together with all the Deal Information the Sourcer has provided in his Deal Order) to the Investors via Newsletters
4.6. By submitting the Deal Order, the Sourcer confirms and warrants to us that:
a) you will keep the status of the Deal updated, i.e. if you publish, market or otherwise make available the Deal elsewhere and it will be reserved/sold, you will mark the Deal as reserved/sold on Our Site without any delay;
b) you will honour the Sourcing Fee as specified in the Deal Information;
c) you own or have all necessary rights in and to the Deal Information, in order for their display, copy and reproduction by us to provide the Advertising Services;
d) all the information contained within the Deal Information is a true and accurate representation of the property to which it relates, and any statement made in relation to property is not misleading;
e) you will not act fraudulently and will liaise with the Investor directly in accordance with the Applicable Laws;
f) the publication of the Deal Information by us will not:
i. breach any contract; and/or
ii. infringe any third-party Intellectual Property Rights or other rights; and/or
iii. render us liable to any proceedings; and/or
iv. cause a detriment to our reputation
g) you will not upload any files to Our Site via the Source Account that contain a virus and/ or corrupted data.
4.7. We shall have the right to remove, refuse to submit or require you to make changes to your Deals.
4.8. We shall have no liability to you (being Sourcer or Investor) for exercising our rights under this Clause 4.7.
4.9. Whilst we aim to process and display all the Deal Orders almost immediately, you acknowledge that we cannot guarantee:
a) any timescales required to submit your Deal Order on Our Site and/or Newsletter; and
b) the consistent availability of the Online Service and/or that delivery of Our Site will be uninterrupted or error free.
4.10. We shall not be liable for any downtime of Our Site, or any loss, costs or damage incurred by you as a result of any failure being beyond our reasonable control (including, but not limited to, war, epidemic, pandemic, industrial actions, floods or act of God, fire, inclement weather, legal restrictions, malicious and accidental damage) from time to time.
4.11. If we receive your Deal Order, then as soon as possible, we will publish it Our Site and you will receive confirmation of this. For the avoidance of any doubt, we will not review or analyse your Deal Order.
4.12. If you wanted to relist the Deal, please email us on info@dealsourcer.com setting out the reason for it. We will consider any such request on case by case basis.
5. Investor Account
5.1. In addition to the Personal Information, when registering for the Investor Account the Investor will also be asked to provide the Investor Information.
5.2. A relevant Membership Fee will be payable via your Investor Account by a credit card subscription or direct debit from your bank’s account.
5.3. We will issue invoices for the charges paid by you and make them available on the Investor Account.
5.4. You acknowledge that it is your responsibility for providing complete and accurate billing information on the Investor Account and notifying us of any changes.
5.5. Charges shall be considered immediately overdue if we do not receive such payment within five (5) days of attempting to debit your bank account.
5.6. Should you fail to make any payment in full of any charges due, we will suspend your Investor Account until the accrued charges have been paid together with statutory interest which we may, in our sole discretion, apply.
5.7. You can reserve the Deal through Our Site by paying the Reservation Fee via your Investor Account. For the avoidance of doubt, it is your sole responsibility to satisfy yourself the Deal matches your requirements.
5.8. Once the Reservation Fee has been paid: ,
a) the Deal becomes a Reserved Deal;
b) we notify the Sourcer about the Reserved Deal and provide him your contact details;
c) we provide you with the Sourcer’s contact details and Compliance Information
5.9. For the avoidance of doubt, it is your sole responsibility to satisfy yourself as to the Sourcer’s compliance with the Applicable Law.
5.10. The Reservation Fee is non-refundable but in the limited circumstances listed below we may consider issuing a credit (for the sum of the Reservation Fee) which could only be used towards your further Reservation Fees:
a) you have been unable to make any contact with the Sourcer within 7 days of paying the Reservation Fee and you have informed us about it on the 7th day;
b) the Sourcer has told you that the Deal is no longer available
6. Guest
6.1. If you are a Guest, you will only have limited access to Online Services.
6.2. If you wanted to find out more details about a Deal or reserve it, you will need to register for the Investor Account.
7. Sharing features
7.1. We permitted ‘hot links’ and deep-links to Our Site, by which we mean that you may include a link to any page of Our Site on other websites and social pages, provided that you do not use such link in any way which would or could imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display any such content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email info@dealsourcer.com.
7.2. Our Site may contain hyperlinks to other websites (such as Rightmove, Facebook, Twitter, Instagram etc) owned and operated by third parties. These third-party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third-party websites, and we are not responsible for the availability of such websites. We do not accept any responsibility or liability for any third-party websites and your access and use of such services and content is at your own risk.
8. Indemnity
8.1. You shall indemnify us from and against all losses, actions, costs, demands, damages, expenses (including reasonable legal fees), penalties and claims without limitation brought against us, our officers, agents and sub-contractors arising out of or in connection with:
a) any allegation of fraudulent activity by you when using Online Services;
b) any allegation that the Deal Information contains or contained untrue statement or inaccurate or unlawful content; or
c) your use of Our Site and/or Online Services otherwise than in accordance with these Conditions and any other instructions issued by us from time to time; or
d) any breach by you of the Applicable Laws, including the Data Protection Laws; or
e) any breach by you of the Privacy Policy;
f) any complaints or claims brought against you by other Users.
9. Intellectual Property Rights
9.1. Sourcer hereby grants to us a licence to use, access, copy and maintain the Deal Information for the purpose of providing the Online Services, together with the right to grant sub-licences where necessary to enable us to provide the Online Services.
9.2. All and any Intellectual Property Right that we display on Our Site belong to us or our licensors and all such rights are reserved. You must not use such information or copyright material unless you have written permission from us to do so.
9.3. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on Our Sites for your own personal, non-commercial use, provided you do not otherwise breach these Conditions.
9.4. You will retain ownership of any content that you submit, or otherwise make publicly available on or through Our Site but you grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use such content in any manner and for any purpose.
10. Termination and suspension
10.1. We reserve the right to suspend or terminate providing any Online Services to you in which case you will receive a notice from us.
10.2. We have the right to suspend or terminate providing any Online Services immediately, without notice if:
a) you breach any of these Conditions; and/or
b) you have been abusive to our staff; and/or
c) we receive two notifications from the Investor that you have sold the Reserved Deal elsewhere and haven’t updated the status of the Deal
d) we receive a complaint from a third-party (including but not limited to the Users); and/or
e) any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to that effect.
11. Variation
11.1. We may change, amend, modify, update or replace any of part of these Conditions at any time to reflect changes affecting Online Services, technology, licensing arrangements, payment methods, relevant laws and/or regulatory requirements.
11.2. When it happens, we will post these on Our Site and also updated the “Last Updated” date at the top of these Conditions.
11.3. We may also communicate changes to you by email. You are responsible for regularly reviewing these Conditions so that you are aware of any changes. Your continued use of Our Site or Online Services after any such changes constitutes your acceptance of the new Conditions. If you do not agree to (or cannot comply with) the Conditions as amended, please do not use Our Site or Online Services.
12. Notices, feedback and complaints
12.1. Any notices required to be given to you under these Conditions may be sent to the applicable account email address. Any notices required to be given to us under these Conditions must be sent to:
a) JZ Technologies Ltd. 63/66 Hatton Garden, Fifth Floor Suite 23, London, England, EC1N 8LE; or
b) info@dealsourcer.com.
12.2. Notice is deemed to have been given upon transmission to the correct address, provided that any notice to issue any legal proceedings in relation to these Conditions must be confirmed within 48 hours by courier delivery or recorded delivery post to the correct address.
12.3. If you have any queries regarding Online Services or if you wish to share your thoughts or suggest how we can be improved, please:
a) write to us: JZ Technologies Ltd. 63/66 Hatton Garden, Fifth Floor Suite 23, London, England, EC1N 8LE
b) email us on info@dealsourcer.com.
12.4. Should you want to make a complaint regarding Online Services, please email us on info@dealsourcer.com together with an outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.
12.5. If you are unhappy with any the Sourcer or Investor in relation to particular Deal or otherwise, you should address your complaint directly with the other party.
13. Confidentiality
13.1. You shall keep the other party’s Confidential Information confidential and shall use Confidential Information only in connection with the proper performance of these Conditions
13.2. Condition 13.1 shall not apply to any Confidential Information to the extent that it:
a) is required or requested to be divulged by operation of law;
b) is known to the other party prior to accepting these Conditions;
c) is disclosed with the other party’s approval to the disclosure;
d) is disclosed on confidential basis for the purpose of obtaining professional advice
13.3. You shall tell the other immediately if it discovers that this Condition 13 has been breached and shall, on request, return to the other all of the other party’s Confidential Information which is in a physical form and destroy any other records containing Confidential Information
14. General
14.1. We may engage sub-contractors, suppliers, third-party providers and/or other agents or affiliated companies to provide Online Services and Newsletters or any part of them.
14.2. Nothing in these Conditions shall be deemed to constitute a relationship of principal and agent (except as expressly provided in these Conditions), a partnership, joint venture, co-ownership or an employment relationship between you and us. Neither Party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither Party shall hold itself out as having authority to do the same.
14.3. The Parties do not intend any third party to have the right to enforce any provision of these Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4. Except as expressly provided under these Conditions, the rights and remedies contained in these Conditions are cumulative and are not exclusive of any other rights or remedies provided by law or otherwise.
15. Governing law and jurisdiction
15.1. These Conditions and any non-contractual obligations arising in connection with it shall be governed by the law of England and Wales, and each Party agrees to submit any dispute which may arise out of, under, or in connection with these Conditions including disputes relating to any non-contractual obligation, to the exclusive jurisdiction of the courts of England and Wales.