Terms & Conditions

01 - Application

1.1.

These terms and conditions of use (the “Terms”) cover the use of our website (https://plotify.co.uk/), other websites we operate, and/or the Plotify app (whether as a guest or a registered client), as applicable (each a “Platform” together the “Platforms”).

1.2.

Please read these Terms carefully before you start to use any of our Platforms. We recommend that you print a copy of these Terms for future reference.

1.3.

By using our Platforms, you confirm that you accept these Terms and that you agree to comply with them and any applicable laws and regulations. If you do not agree to these Terms, you must not use our Platforms.

1.4.

The Platforms are operated by Plotify Financial (UK) Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 11208691 and have our registered office at C/O Browne Jacobson LLP 15th Floor, 6 Bevis Marks, Bury Court, London, United Kingdom, EC3A 7BA. Our main trading address is c/o Browne Jacobson LLP, 15th Floor, 6 Bevis Marks , Bury Court, London , EC3A 7BA, United Kingdom. Our UK Company number is 11403893.

02 - Other Terms That May Apply To You

2.1.

In addition to these Terms our Privacy Policy and Cookies Policy also apply to your use of our Platforms:

2.2.

We make certain content on our Platforms available to all users. However, if you register for an account with us and/or choose to invest with us additional terms and conditions as described below will also apply

2.3.

These Terms govern your technical use of Platforms and work alongside any other agreements or terms and conditions that apply to your relationship with us. For example, if you wish to invest in a property you will need to enter in to the trust agreement between you and us (“Investment Agreement”). If there is a conflict between these Terms and your Investment Agreement, your Investment Agreement will take precedence.

03 - Changes To These Terms And Our Platforms

3.1.

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make. Your continued use of our Platforms shall be deemed acceptance of any such changes and you acknowledge that they shall be legally binding on you.

3.2.

We may update our Platforms from time to time and may change the content at any time.

04 - Intellectual Property

4.1.

We are the owner or the licensee of all intellectual property rights in our Platforms, including the material published on it and the software and programming behind our Platforms. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2.

Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to access the Platform. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platforms.

05 - Prohibted Uses

5.1.

You may not use our Platforms:

5.1.1.

in any way that breaches any applicable, national or international law or regulation;

5.1.2.

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.1.3.

to conduct any form of commercial activity without our express consent;

5.1.4.

to transmit, procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation;

5.1.5.

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and

5.1.6.

in a defamatory, deceptive or misleading, obscene, offensive, sexually explicit, hateful or inflammatory manner or in any way likely to harass, upset, embarrass, alarm or annoy any other person or invade any person’s privacy.

06 - Security of Account Details

6.1.

If you choose, or you are provided with, an account identification code, username, password or similar information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

6.3.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at security@plotify.co.uk.

07 - Disclaimers

7.1.

While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on our Platforms is at your own risk.

7.2.

We may suspend or terminate operation of the Platform at any time as we see fit.

7.3.

We make no guarantee of any specific results from entering into an investment in a property on our Platforms including any net income and/or capital gains return.

7.4.

Except where we have otherwise agreed in writing, the content on out Platforms is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial, investment, tax or legal advice or any other type of advice and should not be relied on for any purposes. It is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making an investment on our Platform

7.5.

While we try to make sure that the Platform is available for your use, we do not promise that the Platforms will be available at all times nor do we promise the uninterrupted use by you of the Platforms.

7.6.

The Platforms may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them.

7.7.

The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

08 - Limitation of Liability

8.1.
8.3.1.

loss of profits, sales, business, or revenue

8.3.2.

business interruption;

8.3.3.

loss of anticipated savings;

8.3.4.

loss of business opportunity, goodwill or reputation; or

8.3.5.

any indirect or consequential loss or damage.

Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

8.2.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platforms or any content on them, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Platforms or your reliance on any content on our Platforms.

We will not be liable to you for:

8.3.

09 - Governing Law

9.1.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

10 - Contact Us

10.1.

If you wish to contact us about these Terms, you may do so by filling out and submitting the contact form on the Contact Us section of our website.

11 - Key Risks

11.1.

We are an Appointed Representative of Sapia Partners LLP, which is authorised and regulated by the Financial Conduct Authority. We provide unique opportunities for retail investors to invest indirectly in real estate opportunities using special purpose vehicles.  

11.2.

Capital at risk. The value of your investment can go down as well as up. The investments that you make through us are not protected by the Financial Services Compensation Scheme (FSCS) which means that you will not receive the money back that you have invested if your investment falls in value. We do not provide any tax or investment advice and any general information is provided to you to assist you in making your own informed decisions.  Potential investors are advised to obtain their own tax or investment advice.

12 - Operating Globally

12.1.

SMS Terms for US:  For text messaging in the United States, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a service in which we send (or indicates that we may send, or receive a request that we send) one or more text messages (“Text Message Service”), you accept these SMS Terms for U.S. (“SMS Terms”), consent to the handling of your personal information as described in the Privacy Policy, and agree to resolve disputes with us as described in these Terms of Use. Message and data rates may apply.  We will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and we are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all U.S. carriers.

12.1.1

Opting In.  By Opting In to a Text Message Service:

12.1.1.1

You expressly authorize us to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for your account). You also authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of transacting on the website or app.

12.1.1.2

You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us via the methods described in the “How to Contact Us” section. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. If you withdraw your consent, certain features of our service may not be available to you.

12.1.1.3

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

12.1.1.4

These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.

12.1.1.5

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

12.2.

Notice for California Users: Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone (800) 952-5210.

12.1.2

About the Text Message Services and Opting Out:  Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. We may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply.