TERMS AND CONDITIONS OF USE

OF GEMINI PROPERTY INVESTMENTS LIMITED WEBSITE/SERVICES

1 Acceptance of terms

1.1 Your access to and use of this website and the services outlined in clause 2 are subject to these terms and conditions.  You will not use the website and/or services for any purpose that is unlawful or prohibited by these terms and conditions.  By using the website and/or services you are fully accepting the terms, conditions and disclaimers contained in this notice.  If you do not accept these terms and conditions you may not use the website and/or services under any circumstances.

1.2 Gemini Property Investments Limited (Gemini) reserve the right to update or amend these terms and conditions from time to time and your continued use of the website and/or services following any change is deemed to be your acceptance of such change.  It is therefore advisable (and your responsibility) to check the terms and conditions regularly for any changes.

1.3 Any use of the website is free of charge and you are under no obligation to purchase properties introduced by Gemini.

1.4 You authorise Gemini to communicate with you by whatever media they choose to use.

2 Services

2.1 Gemini offers an introduction services putting sellers of properties in contact with prospective purchasers of those properties.  Gemini is not an agent of either seller or purchaser.

2.2 In the event of you reserving a property through Gemini then a reservation fee of £1000.00 is payable to the Gemini.  The reservation fee is non-refundable in any circumstances.

2.3 An introduction fee (normally 2.5% plus VAT per property) is payable to Gemini for each property purchased.  The introduction fee will be payable upon formal exchange of contracts.  Upon exchange of contracts the introduction fee is non-refundable by Gemini under any circumstances.

2.4 In the event of an introduction by Gemini of a seller remaining in the property following completion on a rental/tenancy agreement you agree to appoint the managing agent appointed by Gemini to manage the property on your behalf upon such terms and conditions as are in force from time to time for a minimum period of 6 months after completion (details upon request).

3 Understandings

3.1 In the interests of efficiency of the sale of all properties introduced by Gemini you will instruct a Solicitor recommended by them. 

3.2 It is your sole responsibility to arrange funding for the purchase of any property introduced to you by Gemini and you are strongly advised to have such funding arrangements in place before exchanging contracts in relation to any purchase.  The failure to complete a transaction after exchange of contracts can result in your loss of deposit and a claim for damages and expenses by the seller.  Gemini are able to offer a mortgage broker service through a related Company (details available on request).  The reference to such Company or your use of their services will not in any way guarantee the issue of a suitable mortgage offer to you to fund the purchase of a property.

3.3 You understand that property values can decrease as well as increase and that rental income projections are not always accurate.  Property details provided by Gemini are intended for guidance only and you are strongly advised to check comparatives for similar properties. 

3.4 You understand that Gemini is unregulated.  You are therefore advised to seek appropriate legal, financial and tax advice from suitably qualified and regulated sources before proceeding with property transactions.

3.5 Introductions are confidential.  You agree not to deal directly with any seller or to disclose details of any seller to any third party introduced to you by Gemini.  If you breach either of those terms then the reservation fee (clause 2.2) and the introduction fee (clause 2.3) are payable by you.

4 Termination

4.1 Gemini has the right to terminate your access to any or all of the services at any time without notice for any reason including without limitation breach of these terms and conditions.  Gemini may also at any time at its sole discretion discontinue the website and/or services or any part thereof without prior notice and you agree that Gemini shall not  be liable to you or any third party for any termination of your access to the website and/or services.

5 Links to third party websites

5.1 The website and/or services may include links to third party websites that are controlled and maintained by others.   Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Gemini is not responsible for the content and availability of such sites.

6 Indemnity

6.1 You agree to indemnify and hold Gemini and its employees harmless from and against any breach by you of these  terms and conditions and any claim or demand  brought against Gemini by any third party arising out of your use of the  services and/or any contents admitted posted or transmitted through the service  including without limitation or claims actions, proceedings or losses, liabilities, damages, costs expenses (including reasonable legal costs and expenses) how so ever suffered or incurred by Gemini in consequence of your breach of these terms and conditions.

7  Disclaimers

7.1 Neither Gemini nor any of its directors, employees or representatives will be liable for damages arising out of or in connection with the use of information provided by this website or in any document or marketing material.

7.2 The details contained in any online information provided or intended for guidance only.  Any photographs, illustrations, specifications, plans and sizes only give a general indication of the property unless otherwise specified.  Features, specifications and elevation treatments may vary and/or be subject to alteration.  Particulars described in any online information should not be relied upon as accurately describing any specific matters.  Tables, projections, illustrations and profit forecasts are for illustrative purposes only.  Purchasers are always advised to satisfy themselves that the property they are purchasing meets their requirements by inspecting the property itself before exchanging contracts for its purchase.

8 Severance

8.1 If any of these terms and conditions shall be determined to be invalid, illegal or unenforceable for any reason by any Court or competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall apply and remain in full force and effect and continue to be binding and enforceable

9 Governing law

9.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and you submit to the exclusive jurisdiction of the English Courts in relation to any disputes concerning these terms and conditions

10 User account, password and security

10.1 To use this website and/or Gemini's services you will be required to complete a registration process by providing certain information and registering a username and password for use with the services.  You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place in your name.  You agree to notify Gemini immediately of any authorised use of your password or any other breach of security.  In no event will Gemini be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.  You may not use any other person's password at any time without their express permission.

10.2 You may only use the website and/or the services by one username and password.  You may not use account names that are offensive, libellous or purport to relate to another user.

10.3 You agree that if required to do so by Gemini you will identify yourself and provide a contact telephone number on which you are available.  Failure to comply with such a request will result in you being denied access to the website and/or services

Your home is at risk if you do not keep up repayments on a mortgage or other loan secured upon it.  Mortgages are subject to status.  Mortgage offers are also dependent on your financial circumstances at the time of application.