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Terms Of Use

Terms Of Use

This page (together with the documents referred to on it) sets out the Terms of Use (“Terms”) on which we, Jark-1 Limited and its subsidiaries (together “Sourced”) make available the information listed on our website at https://sourced.co/ (the “Site“) to you, whether as a guest or a registered user. Please read these Terms carefully before using this Site. These Terms should be read alongside, and are in addition to, our Privacy Policy and any other policies that we implement, from time to time.

You should understand that by using this Site, you agree to be bound by these Terms and we advise that you should print a copy of these Terms for future reference. References to “we”, “our” and “us” are to Sourced. References to “you” or “your” are to the user of this Site.

The Site provides you with a variety of Services that are generally associated with investment property (the “Services”). The Services include, but are not limited, to the following:

  • An online Learn platform that provides training material and content;
  • An online Search platform that provides a portal to search for available properties that may meet your investment criteria; 
  • An online Invest platform that matches and introduces Lenders and Borrowers;
  • The administration of loans agreed between Borrowers and Lenders, including facilitating payments, collecting payments due and onward distribution of funds.

 

It is important that you understand that your CAPITAL IS AT RISK when looking to invest in property and at no point during the delivery of the Services, do we provide investment advice. We strongly recommend that you seek independent financial advice before making any investment decisions.

1. Information About Us

1.1 We, Jark-1 Limited a company registered in England and Wales under company number 10852300 with our registered office at Unit 5, Turnstone Business Park, Mulberry Avenue, Widnes, Cheshire, WA8 0WN, operate the website https://sourced.co/ 

1.2 We are not authorised and regulated by the Financial Conduct Authority (the “FCA”).

1.3 We are registered with the Information Commission Office (the “ICO”), registration number ZA280505.

1.4 We are registered with the Property Redress Scheme (the “PRS”), registration number PRS010027.

2. Service Availability and Access

2.1 Our Site is made available free of charge unless otherwise set out in the terms and conditions for Lenders and Borrowers.

2.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

2.3 You are responsible for making all arrangements necessary for you to have access to our Site.

2.4 You are also responsible for ensuring that all persons who access our
Site through your internet connection are aware of these Terms and other applicable policies, and that they comply with them.

2.5 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

2.6 We have the right to disable or suspend any user account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

2.7 If you know or suspect that anyone other than you knows your username and/or password, you must promptly notify us by email at team@sourced.co 

2.8 You are permitted to download and print content from the Site (including these Terms) solely for your own personal use or in the course of your business to the extent required to use the services provided on the Site. Site content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our prior express written consent.

2.9 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.

3. Our Liability

3.1 Nothing in these Terms 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 English law.

3.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

3.3 We will not be liable to you for 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 this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

3.3.1 loss of income or revenue;

3.3.2 loss of business;

3.3.3 loss of business opportunity;

3.3.4 loss of profits or contracts;

3.3.5 loss of anticipated savings;

3.3.6 loss of data;

3.3.7 loss of goodwill or reputation;

3.3.8 wasted management or office time;

3.3.9 any indirect or consequential loss or damage; and

3.3.10 for 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

3.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.

3.5 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

4. Privacy

4.1 You agree that any and all personal information you provide to us via our Site may be collected, stored, processed and used in accordance with our current Privacy Policy.

5. Intellectual Property

5.1 We own and you agree that we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other intellectual property rights existing in or relating to this Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 No warranty is given that the contents of this Site do not infringe the rights of any third party.

6. Indemnity

6.1 You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses suffered or incurred by arising out of or in connection with any breach by you of this agreement.

7. Viruses

7.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

7.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

7.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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. 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.

8. Third Party Links and Resources on Our Site

8.1 Where our Site may contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

9. Reliance on Information

9.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.

9.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

10. Our Communications with You

10.1 When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information and updates by posting notices on our Site.

10.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Complaints

11.1 As part of our Services we endeavour to keep you happy, but we recognise that there may be occasions when we fail to meet expectations. If you would like to make a complaint about us, please send us an email to complaints@sourced.co. In your email, please provide us with as much detail as possible regarding your complaint, and the relevant transaction that the complaint relates to. Alternatively, you can also submit your complaint via telephone or by post. You can find our contact details here.

12. Notices

12.1 All notices given by you to us must be given in writing, addressed to:

Sourced
Unit 5
Turnstone Business Park
Mulberry Avenue
Widnes
Cheshire
WA8 9WN

We may give notice to you at either the e-mail or postal address you provide to us.

12.2 Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Waiver

13.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms or any other document referred to herein, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

14. Severability

14.1 If any of these Terms or any provisions of any other document featured on this Site are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.

15. Entire Agreement

15.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

15.2 We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.

15.3 Each of us agrees that our only liability in respect of any representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

15.4 Nothing in this clause limits or excludes any liability for fraud.

16. Variations and Amendments to these Terms

16.1 We have the right to revise and amend these Terms, from time to time. We may make such variations and amendments without your specific agreement if those variations and amendments, in our opinion, do not constitute a material change. We may not always be able to give you advanced notice of any updates, but we will post the current version of these Terms on the platform.

16.2 You will be subject to the policies and Terms in force at the time that you apply to become a member, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case you will be subject to those policies or terms and conditions as amended), or if we notify you of the change to those policies or these Terms before we send you your user account details (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Services).

16.3 By continuing to use our Site, you agree to be bound by the most recent version of these Terms.

16.4 Please check this page from time to time, to take notice of any changes we make.

17. Law and Jurisdiction

17.1 These Terms shall be governed by and interpreted in accordance with laws of England and users of our Site, or its subject matter or formation (including non-contractual disputes or claims), irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out, under, or in connection with these Terms.

17.2 This site is only intended for use by residents of the United Kingdom and subject to any overseas investor warrants that they agree with terms of this clause.

17.3 If you are resident in, or a citizen or national of, a jurisdiction outside the United Kingdom or who are nominee of, or custodian, trustee or guardian for, citizens or nationals of such jurisdictions, you have informed and satisfied yourself as to the full observance of the laws and regulatory requirements of the relevant jurisdiction in connection with any Loans offered on our site and the Companies listed on this site. This includes the obtaining of any governmental, exchange control or other consents which may be required, the compliance with other necessary formalities and the payment of any issue, transfer or other taxes or duties due in such jurisdiction.

17.4 It is the responsibility of any overseas investor to pay any tax, banking fees, currency exchange charges or any other costs associated with subscribing for shares listed on this site

[Version July 4, 2018]