General Terms and Conditions

Common Principles
Terms of the terms and conditions.
Terminologies and definitions.

T&C's of Membership
Membership of the CrowditBuildit Community.
How to become an investor.
The relationship between the Investor and CrowditBuildit Ltd.
Registration on the website.
Cancellation rights.

T&C's of Investing in Property Development Projects
The Investment process.
The Investment Contract.
Role of CrowditBuildit Ltd in the Investment Agreement.
Investment return.
Changes to the Investment Contract.
The role of CrowditBuildit Ltd.
Security.
Terminating membership of the CrowditBuildit Community.
Investor’s agreements with CrowditBuildit Ltd.
Intellectual property rights.
Amendments to these terms and conditions.

Data protection
Privacy Policy.
Introduction to our Privacy policy.
Your Personal Information.
Using Your Personal Information.
Sharing Your Information with Affiliate Companies of CrowditBuildit Ltd.
Sharing Your Information with Third Parties.
Contacting You.
Membership of the CrowditBuildit Community.
Where We Store Your Information.
Website Security.
Access to Information.
Changes to Our Privacy Policy.
Cookie Policy.
Google Analytics.
What does CrowditBuildit do with Google Analytics data?.
Changes to Our Privacy Policy.
Opting Out.
How to control and delete cookies.

Non-Disclosure Agreement
Non-Disclosure of Confidential Information.
Parties.
Background.
Definitions.
Termination.
Handling of confidential information.
What is confidential information?.
Non-Competition.
Limitations and Warranty.
Disclaimer.

Mini-JCT for Subcontractors
The Minor Works ('Mini JCT') Contract)
Terms and conditions
General
Contractors obligations
Employer's oblications
Subcontracting
Variations or 'extras'
Payment
Adustments
Defects
Termination
Dispute resolution

 

Terms of the terms and conditions

These Terms and Conditions (T&C) should be read alongside, our Risk Statement and our Privacy Policy, both of which is available on our website.

The General Terms & Conditions include information about key structures and systems that are put into place that are designed to ensure proper process. They include policy information on way we conduct key elements of the business, e.g. the management of our escrow account(s) (which are amended from time to time), and are documented and included as part of these T&C’s. They include website policy, GDPR/privacy and cookie policy.

Please read these T&C’s carefully and print a copy for your future reference. By becoming registering an account on the CrowditBuildit.com website, you are also becoming a Member of the Crowditbuildit Community, (‘MCC’). As a Member, you confirm that you have read, understood and agree to the T&C’s and have read and understood our risk statement. Further, where you are acting on behalf of an organisation, e.g. a limited company, LLP, partnership or public body (a ‘Corporate Entity’), in becoming a MCC, they agree to these same T&C’s.

If you do not agree to the T&C’s you must not register as a MCC. If you are already a Member and no longer agree to these T&C’s, you should relinquish your membership immediately by either:

• Deleting your membership details by logging in, and using 'Account' - 'Your Membership Profile' then scrolling down to 'Unsubscribe'. This will unsubscribe your account; or
• Sending us an email from your registered email address to investin@crowditbuildit.com, requesting us to unsubscribe you.

References in these T&C’s to ‘we’, ‘us’ and ‘our’ means CrowditBuildit Ltd, or one of the project companies which are wholly owned subsidiaries of CrowditBuildit Ltd.

A Project Company is responsible for a given project, the associated investment, the building that is undertaken enabled by the investment, the land ownership during the building, and all of the contracts required to fulfil the building of the properties in question. Each Project Company will be governed in accordance to these T&C’s. The Project Company is also owner of the managed escrow account, into which all the investments are placed. The management of the escrow account is undertaken under specific conditions, and is set out in these T&C’s.

CrowditBuildit Ltd maintains its website at https://www.crowditbuildit.com. This site is to provide information to the internet community. The information on the website may be subject to amendment and updating without notice. The information contained in this website is for general information purposes only. The information is provided by CrowditBuildit Ltd about its services. Whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will CrowditBuldit Ltd be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. Further, through this website you may be able to link to other websites which are not under the control from the CrowditBuildit Ltd. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation nor endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, CrowditBuildit Ltd takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control. It should be noted that:

• The sole purpose of this website is to provide information to the reader. It is not intended to form the basis of any investment advice or decision;
• Whilst the information contained within this website is believed to be accurate, no representation or warranty, express or implied, is or will be given by the CrowditBuildit Ltd or any of its associates or partners as to the accuracy or completeness of this information or opinions contained herein;
• Any financial projections given are illustrative only, none of the projections or assumptions should be taken as forecasts or promises on the part of the CrowditBuildit Ltd nor should they be taken as implying any indication, assurance or guarantee that those assumptions are correct or exhaustive.
• If any of these T&C’s are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
• All disclaimers, indemnities and exclusions in these T&C’s shall survive termination of Investment Contract between a User and CrowditBuildit Ltd.
• CrowditBuildit Ltd may, in whole or in part, release, compound, compromise, waive or postpone, in its absolute discretion, any liability owed or right granted to it in these T&C’s without in any way prejudicing or affecting CrowditBuildit Ltd’s rights.
• No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by CrowditBuildit Ltd, or impair or preclude any further exercise of, that or any right, power or remedy arising under these T&C’s.
• These T&C’s and the Investment Contracts’ set out the entire agreement between Users and CrowditBuildit Ltd with respect to a User’s use of the crowditbuildit website platform and the services provided via the platform.
• These T&C’s supersede any and all representations, communications and prior agreements (written or oral) made by Users or by CrowditBuildit Ltd.
• CrowditBuildit Ltd may exercise any of its rights under these T&C’s by itself or through any company or other legal entity which is under the control or ownership of CrowditBuildit Ltd.
• Nothing in these T&C’s is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other party for any purpose.
• A person who is not party to these T&C’s shall not have any rights to enforce its terms.
• These T&C’s and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
• Each party irrevocably agrees that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim that arises out of, or in connection with these T&C’s or its subject matter or formation (including non-contractual disputes or claims).

 

Terminologies and definitions

Reference to an ‘Investor’ will mean those who provide monies to the ‘Investee’. An Investor is an investor in a specific project, on a specific site, and the investment is secured by the value held by the project company, which is a wholly owned subsidiary of CrowditBuildit Ltd. The name of the specific company will be named on the Investment Agreement and documented clearly to the Investor prior to an investment being made. Reference to the term ‘Investee’ will refer to one of these wholly owned project subsidiaries of CrowditBuildit Ltd.

References to ‘systems’, or ‘platform’ means the CrowditBuildit.com website, any other online services provided by CrowditBuildit Ltd, and any data managed by, displayed on or transmitted from such services. References to ‘you’, ‘your’, ‘investor’, ‘purchaser’, ‘member’, ‘MCC’ means a user of the platform and the services provided via our platform or systems, whether as an individual or on behalf of an entity which meets the criteria set out below. Each agreement between each investor and investee comprises our standard investment conditions and term sheet (together the ‘Investment Agreement’). There will normally be more than one Investor for each project, but the conditions of each Investment Contract for each project will remain the same. However, please note that under clause 9 of these Terms & Conditions in certain circumstances you grant us the authority to amend the Investment Agreement, without the need for your agreement to those changes, and you will be bound by those amendments. However, these will only be changed in exceptional circumstances, and with agreement of the Security Trustee. If you are using our systems and the services provided via the platform, agreeing to these T&C’s or entering into a Investment Agreement on behalf of a Corporate Entity, you warrant that you are duly authorised to act on the Corporate Entity’s behalf. CrowditBuildit Ltd is a company incorporated in England and Wales whose registered office is c/o Wosskow-Brown Solicitors, The John Banner Centre, 620 Attercliffe Road, Sheffield, Yorkshire, S9 3QS. A given project will have a registered company, which is used to manage the build of a given project. These will appear on the Investment Agreement.  

Membership of the CrowditBuildit Community

If you want to, you can become a Member of the CrowditBuildit Community, (the ‘MCC’). You can become a member at www.crowditbuildit.com/createaccount. You can also become a member by sending an email requesting membership to investin@crowditbuildit.com. We are required to establish your identity before you are able to use the platform. We are obliged to assess your level of sophistication as an investor. Once you have created an account on the platform, we are obliged to follow up to verify who you are, before entering into any form of Investment Agreement. We will use third party organisations to assist with this verification process following the point of registration on the Platform. By registering on the Platform you consent to us and our partner organisations using your personal information for the purposes of carrying out credit checks and other searches on you to establish your identity, your creditworthiness and your suitability to carry out Investments. We will keep records of any information obtained. All records will be kept in accordance with our General Data Protection Regulation Policy. If you decide to become a Member of the MCC, you are agreeing to comply with these Terms and Conditions (‘T&C’s’) and can verify your identify. This may involve using a qualified and registered Notary. We will also want to know if your membership is primarily concerned with making an investment (as a member of ‘the crowd’), or as a buyer of one or more of our properties, or as a combined buyer-investor, or none of these (i.e. you want to become a member for other reasons). If you are a potential investor of any sort we are required to ask you if you consider yourself to be:

• A professional investor
• A non-professional investor who is in receipt of regulated investment advice or investment management services from an authorised person
• A venture capitalist or corporate finance officer;
• An investor who is certified or is self-certified as a sophisticated investor;
• An investor who is certified as a high net worth investors;
• An investor who will not be investing in more than 10% of their net investable financial assets and such investments will not affect your primary residence, pensions and life cover.

If you are not interested in investing, but are interested in becoming a member for other reasons, we need to know whether you consider yourself to be (for example):

• A potential purchaser of one of our properties;
• A builder of properties;
• A self-builder (of one of your own properties);
• A custom build specialist;
• A potential supplier;
• A supplier of land;
• An estate agent;
• None of the above.

If you select ‘None of the above’ we may ask you to declare your interests in your membership, with a simple description. We may contact you to establish or verify this description. If you are not comfortable with disclosing this information, we take it that you are not able to accept these terms and conditions, and that you understand that you are not able to become a Member of the CrowditBuildit Community (MCC). CrowditBuildit reserve the right to reject the application to become a Member, and to exclude any Member at any time without justification.  

How to become an investor

To be an investor on CrowditBuildit.com you must meet the following criteria:

• you must be an individual, partnership, LLP, limited company or public body;
• if you are investing in your capacity as an individual or member of a partnership you must be over 18 years old;
• you must have a valid bank or building society account;
• you must register your details on the CrowditBuildit.com website;
• you must only invest your own monies; and
• you must not be a credit broker or invest money with other persons in the course of any business.

Where a prospective investor does not meet the criteria listed above, the investor may be otherwise permitted to become an investor on the crowditbuildit.com website by written confirmation from CrowditBuildit Ltd. CrowditBuildit Ltd may in its sole discretion refuse any prospective investor from becoming an investor or MCC on the CrowditBuildit.com website regardless of whether the prospective investor meets the criteria in the clause above.  

Customer Due Diligence

CrowditBuildit Ltd shall perform Know Your Customer (KYC) and Anti-Money Laundering (AML) verification, via a third party provider (such as KYC-Pro, http://www.kyc-pro.com/) on all enabling partners and investors who either contract in any way to CrowditBuildit, or who are investing £2,000 (two thousand pounds) or more in any CrowditBuildit project. By registering on this platform you consent to us and our partner organisations using your personal information for the purposes of carrying out any relevant checks and searches on you to establish your identity and your suitability to carry out investments. Enabling partners will not receive any funds until all AML checks have been performed. CrowditBuildit will keep records of any information obtained.  

The relationship between the Investor and CrowditBuildit Ltd

CrowditBuildit.com will not perform any management functions on an investor’s behalf. The investor retains complete control and discretion over whether or not to make an investment and over all other aspects of its participation in the CrowditBuildit Ltd and/or on the CrowditBuildit.com website and investments made through it. Nothing CrowditBuildit Ltd does and nothing on the platform is intended to operate or be construed as advice or recommendation by CrowditBuildit.com to enter into a particular investment. An investor must form its own opinion regarding a given investment, and must undertake its own research, analysis and assessment of each investment. An investor must seek its own independent financial and legal advice where appropriate. An investor must take responsibility for decision on when to obtain financial advice. While CrowditBuildit Ltd believes that the security documents might provide additional comfort as to the likelihood of repayment, CrowditBuildit Ltd accepts no responsibility for the failure of an investment meeting its financial targets or obligations. CrowditBuildit Ltd accepts no responsibility and disclaims all liability for any information about an investment made available to prospective investors through the CrowditBuildit.com platform or any of its communciations. CrowditBuildit Ltd may update or amend at any time investment information. An investor warrants that all information provided in the course of the registration and investing process to CrowditBuildit Ltd is true and accurate in all respects. An investor will update CrowditBuildit Ltd if any of the information provided changes.  

Registration on the website

A user can register on the CrowditBuildit website on:

• https://www.crowditbuildit.com or
• by emailing on investin@crowditbuildit.com

On registering on the CrowditBuildit website, a user will need to provide an email address and enter a password. These must be used in order to access certain restricted parts of the platform. Each time a user’s account is accessed, this email address and password will be required. The email address and password are required to be unique to the CrowditBuildit.com user account on the platform, and are not transferable. The registration information will be used to designate a given user as one or more of a ‘general user’, a ‘supplier’, a self-build individual or consortium (termed ‘consortium’), an ‘investor’, a ‘purchaser’.  A user’s email address and password are how CrowditBuildit Ltd identify a given user, and the designation will be used to provide relevant information. A user must keep username and password secure at all times. A user is responsible for all information and activity on the platform by anyone using a given user’s username and password. If a user authorises an employee, sub-contractor or agent to use their CrowditBuildit.com user account, the user will be responsible for their activity on the platform. Any breach of security, loss, theft or unauthorised use of a username, password must be notified to CrowditBuildit Ltd immediately using our email address: admin@crowditbuildit.com. The account will be immediately disabled. Until notification is received, the user will be responsible for any unauthorised access to confidential information on the platform. Under these T&C’s, the user agrees not to adapt or circumvent the systems in place in connection with the platform, nor access our systems other than by using the credentials assigned to the user and by following the instructions provided for that type of connection. CrowditBuildit Ltd reserves the right not to act on a user’s instructions where there is a suspicion that the person logged into a CrowditBuildit account is not the given user, or where there is suspicion of illegal or fraudulent activity or unauthorised use. CrowditBuildit Ltd can refuse to act on any instruction that is believed to be unclear, not given by the user, or which might cause a breach of a legal or other duty, or if there is suspicion that the platform is being used for an illegal purpose.  

On registration on the platform

Once a user is registered on the platform, CrowditBuildit Ltd may carry out identity and fraud checks on a user. CrowditBuildit Ltd uses its own internal guidelines and policies when assessing users’ applications to become investors or purchasers, and reserves the right to hold complete discretion as to whether to allow a user to become an investor or purchaser, or any other user of the CrowditBuildit.com platform. If CrowditBuildit Ltd cannot obtain adequate information then it may request further information directly from a user, e.g. copies of relevant passports or other identification documents and anything else that may be required. If a user does not provide documents, CrowditBuildit Ltd may refuse the continuation of the registered account, and commence the cessation of all relationships between a given user and CrowditBuildit Ltd. CrowditBuildit Ltd may also suspend or place limitations on trading on a given user’s account at any time if it is believed that it is appropriate in order to comply with legal obligations. For more details about how we use information, please refer to our privacy and cookie policy in these T&C’s, and our GDPR Policy available on our website. Once a user is registered on the platform and is designated to be an investor, then it is possible to transfer any investment money into your CrowditBuildit.com investor account by bank transfer. There are no fees payable to set up a CrowditBuildit.com investor account. Money in a CrowditBuildit.com investor account will be held in a segregated client account for each project. This is an escrow account which is managed by a 3rd party, who are suitably qualified legally to do so, and are insured against professional indemnity. This escrow account can be used only for the building project, into which the investor has in initially pledged then invested, until the completion of the project. Completion is interpreted as the point at which the project has finished in its entirety including but not restricted to the full completion of the properties, all external works, connection of all utilities and issue of all appropriate certificates and permissions to occupy. After the completion of the project the investors are returned their original investment and the investment return payable, as agreed under the investment agreement terms and conditions. An investor’s funds will be allocated against an investee and a construction project, and will receive any return in accordance with the Investment Contract associated with the loan note agreement. The commencement of the investment will be considered to be active once funds are cleared into the escrow account. If funds do not clear, the investor will be deemed to have never allocated the funds and no investment return will become due. CrowditBuildit Ltd is not covered by the Financial Services Compensation Scheme (‘[sg_popup id="10"]FSCS’[/sg_popup]). If an investor suffers a loss, either by the investee not repaying the investment or for any other reason, the investor will not be entitled to compensation from the Financial Services Compensation Scheme (‘FSCS’). By agreeing to these T&C’s the investor understands and accepts that any investment is as a consequence made entirely at their own risk in this regard.  

Cancellation rights

If you are a consumer, you have a legal right to cancel your investment within 14 days of the date that your funds have cleared.  Advice concerning your legal right to cancel is available from your local Citizens’ Advice Bureau or Trading Standards office.

The Investment process

An investor can invest money by selecting building projects which appear on the CrowditBuildit.com website. The invested money is used to build specific properties, as detailed on the CrowditBuildit.com website, through a project company that is wholly owned by CrowditBuildit Ltd. This project company is termed the ‘Investee’. Any agreed repayment (possibly construed as interest instead of dividend due to the nature of a debenture) and return of capital to an investor will be made once the project invested in has reached completion and is paid from Investee company profit(s).  An investor can make multiple investments in multiple projects as detailed on the CrowditBuildit.com website, with each investment being covered by a different investment agreement. An investor can make more than one investment in a single project, with each investment being covered by a different agreement.

The Investment Contract

Once an investor has made an investment, an Investment Contract is simultaneously created. Each separate investment, whether in the same project or another project, will be covered by a separate Investment Contract, which applies a loan note instrument. The Investment Contract may be generated automatically by the CrowdiBuildit.com website. Once agreed and signed, a copy of the Investment Contract will be stored by CrowditBuildit Ltd, and a copy made available for the Investor. This may be provided in physical form, or for download as a pdf file. Acceptance of the investment conditions is compulsory and may be activated by ticking a box on the CrowditBuildit.com website when prompted. The Investor copy of the Contract cannot provided (downloaded or otherwise) until the appropriate acceptance has been confirmed. In the event that the Investor does not accept the terms and investment conditions, no enforceable contract will be issued and the proposed investment will automatically become null and void, at which time any and all investment funds deposited will be returned to the Investor. An example of the investment contract is available on request, by emailing admin@crowditbuildit.com. Each investment will be for the period specified in the Investment Contract applying to it. The period of the Investment Contract will in all cases be a minimum term of 182 days and a maximum term of 728 days. An Investment Contract may be renewed at the end of the term by agreement in writing between the Investor and CrowditBuildit Ltd. In certain circumstances and entirely and solely at the discretion of CrowditBuildit Ltd, the Investment Contract can be terminated early, for example (but not limited to) an early completion of the project. An Investment Contract is in its entirety, between the investor and the Investee. CrowditBuildit Ltd has no liability in relation to the Investment Contract. At present and until further notice or until such time as a change is implemented by the appropriate statutory authority, all income derived from any investment contract entered into between the investor and the investee (CrowditBuildit Ltd) is taxed at source at national set rates. In undertaking its legal obligation, CrowditBuildit Ltd, may withhold taxable elements of an investment return, and forward this directly to the Inland Revenue, using established accounting procedures and through official channels. CrowditBuildit Ltd cannot be held responsible or liable in any way by the investor or any agent thereof, for non-payment of any tax due required by statute.

Role of CrowditBuildit Ltd in the Investment Agreement

When an investor makes an investment they are appointing CrowditBuildit Ltd to act as agent on their behalf to oversee process. This including the investment arrangements between investor and Investee Company, use of investment funds in a project,  overseeing repayment of funds, and all associated process issues. CrowditBuildit.com shall not be bound to supervise, or be in any way responsible for any damages, costs or losses incurred by reason of any misconduct, omission or default on the part of an Investor or Investee.

Investment return

The Investee is liable to repay the investments to investors and pay any investment return/dividend on such investments. The Investment Contract governs the terms of all repayments including any investment return, by the investee to the investor. CrowditBuildit Ltd has no liability in respect of the repayment of investments and payment of any investment return. Invested parties will pay off their investments in full at the end of the building project as detailed in the Investment Contract. The investment return and charges due on a given investment will be agreed in advance, and will be detailed in the Investment Contract. The Investment Contract governs the payment of these amounts. All repayments paid will be made to investors with appropriate deduction of income tax. It is the investor’s responsibility to ensure all accounts are due and that they may be payable to the appropriate authorities. CrowditBuildit Ltd will not under any circumstances provide any tax or investment advice on behalf of an Investor and agreeing to these Terms & Conditions indemnifies fully CrowditBuildit Ltd and all it past, present and future subsidiaries from this responsibility.  

Changes to the Investment Contract

Notwithstanding any other clause in these terms, the investor agrees that, in certain (exceptional) circumstances, for example a change in expected project completion dates, and in its absolute discretion, CrowditBuildit Ltd may agree with the Investee to restructure the Investment and amend the Investment Contract and the Investor will be bound by these amendments. This will be in circumstances where it is considered that changes to an Investment Contract is in the interests of the associated building project. Where CrowditBuildit Ltd believes that an agreement to an Investment Contract is in the interests of the associated building project, the relevant investors will be notified of the amendment not less than 5 business days before making such amendment. Any changes to the Investment Contract will be made by CrowditBuildit Ltd in collaboration with the Security Trustee. The Security Trustee will act in the interests of the Investor, to maximise value of investment, and to negate Investment Risk. An investor agrees that CrowditBuildit Ltd will also be acting as agent on behalf of the investor in:

• negotiating and agreeing amendments to the Investment Contract; and
• negotiating and settling any dispute relating to the Investment Contract.

The investor appoints CrowditBuildit Ltd as agent with full power to carry out amendments to the Investment Contract without the Investor’s specific agreement. The investor will then be bound by those amendments. The investor agrees and acknowledges that CrowditBuildit Ltd shall take on no liabilities, obligations or rights under the Investment Contract as a result of such agency, and agrees that the investor will continue to be solely liable and responsible for the rights and obligations under the Investment Contract (as amended) and CrowditBuildit Ltd will not be liable for any amendments to the Investment Contract.  

The role of CrowditBuildit Ltd

CrowditBuildit Ltd will perform an administrative role in all key processes, matching investment and investor goals, in facilitating payments, collection of sums due and onward distribution of funds for the effective management of specific building projects.`  

Security

The following security provisions for investors will apply. The Investee’s obligation under the Investment Contract will be to secure the investment either through the Investment Contract or by a legal charge over:

• the land and the property of the project which is owned by the Investee;
• the escrow account in which the investors investment is held;
• a fully registered debenture over the land and the property of the project which is owned by the Investee (indenture);
• the governance of the Institute of Chartered Accountants od England & Wales (ICAEW) and the indemnity insurance of the management company of the escrow account;
• the governance of the Solicitors Regulatory Authority (SRA) and the indemnity insurance of the firm of solicitors administering the debenture;

Escrow: CrowditBuildit Ltd define ‘escrow’ as something of value, such as a deed, stock, money, or written instrument, that is put into the custody of a third person by its owner, a grantor, an obligor, or a promisor, to be retained until the occurrence of a contingency or performance of a condition. Debenture: CrowditBuildit Ltd define a debenture as a debt instrument issued in place of a ‘company share’, that is not secured by an asset or lien, but rather by the all issuer’s assets not otherwise secured. The repayment terms applicable to the debenture are described herein under the section entitled ‘Investment Return.’ The managed ‘escrow’ account will be held, administered and managed by Gibson Booth, Chartered Accountants, 12 Victoria Road, Barnsley, South Yorkshire, S70 2BB, Email:info@gibsonbooth.co.uk, Tel: 01226 213131 The ‘debenture’ will be held, administered and managed by Wosskow Brown Solicitors, The John Banner Centre, 620 Attercliffe Road, Sheffield, South Yorkshire,
S9 3QS, Tel:  0114 256 1560 In the event that a Investee fails to make a payment when due according to the Investment Contract, or defaults in meeting any material obligations of the investment as in the Investment Contract, the investor will agree that CrowditBuildit Ltd may instruct the Investee to enforce the security on the investors behalf constituted by the legal charges as detailed above.  

Terminating membership of the CrowditBuildit Community

If a user no longer wishes to be a member of CrowditBuildit.com, and provided they have no Investment Contract’s currently in force, they can de-register via the following:

• https://crowditbuildit.com/unsubscribe or
• emailing using the email address admin@crowditbuildit.com

CrowditBuildit Ltd may end a user’s membership of CrowditBuildit.com at any time and for any reason, including but not limited to if:

• A user is in breach any of the Terms;
• A user is in breach any Investment Contract;
• There is a suspicion that there may be fraud involved in the membership or that the user may have been involved in money laundering or other criminal activities.

 

Investor’s agreements with CrowditBuildit Ltd

A user agrees that CrowditBuildit Ltd is making no warranty or representation as to the ability of invested parties to repay investments (initial) or pay investment returns (construed as interest due to the debenture instrument being used instead of company share distribution) or fees on those investments, and their credit risk, and that we are in no way liable for the debts of investee(s). An investor acknowledges that they are investing entirely at their own risk, and that:

• Calculations provided on the platform of the likely rate of return on investments are for guidance purposes only and are not guaranteed.
• The information on the platform does not constitute advice, recommendation or an endorsement of investment requests. The information is not intended to be relied upon as a sole basis for deciding whether or not to invest.
• CrowditBuildit Ltd make no representation or warranty as to the accuracy of the data displayed for investment requests, nor whether the information is up to date or error free.

 

Intellectual property rights

Users agree that all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the CrowditBuildit.com platform, belong to CrowditBuildit Ltd.

• A user agrees to do any and all such acts and execute any and all such documents as CrowditBuildit Ltd may reasonably request in order to assign such intellectual property rights back to CrowditBuildit Ltd.
• Users shall retain ownership of all copyright of data uploaded or submitted to the platform. Users grant CrowditBuildit Ltd a world-wide exclusive, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.
• CrowditBuildit Ltd do not warrant or represent that the content of the platform does not infringe the rights of any third party.
• Users cannot include a link to the platform on any other website, computer or network without our prior written consent.

 

Amendments to these terms and conditions

CrowditBuildit Ltd expect to need to update or amend these T&C’s time to time to comply with the Financial Conduct Authority rules and any other laws or regulations or to meet changing business requirements. CrowditBuildit Ltd may make such changes without users specific agreement may not always be able to give users advanced notice of such updates or amendments. However, CrowditBuildit Ltd will normally post such changes onto the crowditbuildit.com platform so that users can view. By continuing to use the platform, or our services users agree to be bound by the terms of any updates and amendments implemented in accordance with this clause.  

Privacy Policy

Introduction to our Privacy policy

CrowditBuildit Ltd respects your right to privacy and therefore works rigorously to ensure that all customer data is held securely and protected. This document sets out the basis by which any personal data that we collect from you, or that you provide to us, will be used by us. Please read this policy careful to ensure you understand our practices regarding the storing, using and sharing of your personal information. By visiting our website (www.crowditbuildit.com) you are accepting and consenting to the practices set out in this policy. For the purposes of the Data Protection Act 1998 (the Act) the data controller is CrowditBuildit Ltd., c/o: Wosskow-Brown Solicitors, The John Banner Centre, 620 Attercliffe Road, Sheffield, South Yorkshire, S9 3QS.  

Your Personal Information

You may give us information about you by filling in forms on our website or by corresponding with us. This includes information you provide when you register your interests as an investor, a purchaser or any other user on the CrowditBuildit Ltd website. Such information may include your name, address, date of birth, email address, telephone number and identification documents, and banking information. With regard to each visit to our CrowditBuildit Ltd website, we may automatically collect technical information about you, including the IP address used to connect your computer to the internet, your login information, your operating system and platform and also information about your visit to our website, including pages you searched, download errors, methods used to browse away from the page. In addition to any personal information that you give to us, we also work closely with third parties including credit reference agencies, and we may gather information about you from them.  

Using Your Personal Information

We use the information held about you in the following ways:

• to verify your identity (e.g. as an investor or purchaser, agent, landowner, Financial Adviser, internal staff, Associate);
• to carry out any obligations we may have arising from any contracts entered into between you and us;
• to allow us provide you with the information and services you request from us;
• to notify you about changes to our service;
• to determine your eligibility for a particular product or service;
• to provide promotional information on a particular product or service
• to improve and to ensure our website being presented in the most effective manner for you;
• to allow you to participate in interactive features of our services when you choose to do so;
• to help keep our website safe and secure.
• We may combine any information about you which we receive from other services with the information you give to us.

 

Sharing Your Information with Affiliate Companies of CrowditBuildit Ltd

We DO NOT share your information with anybody else. Full stop.  

Sharing Your Information with Third Parties

Data is shared only in general in situations where CrowditBuildit is required by law to share data. These are normally associated with conformance with money laundering legislation, and KYC legistation. Such services may exceptionally include provision of software, database storage, identification check and credit search software. Where it is necessary for us to share information in these circumstances, our non-affiliated third party service providers shall store your data confidentially and we shall take all reasonable steps to ensure that it is only used for the purposes of providing services as dictated by us.

We are committed to maintaining the highest standards of anti-money laundering and anti-fraud prevention and therefore in limited circumstances, or where we are under a duty to share your personal data in order to comply with a legal obligation, we may share your information with certain law enforcement and fraud protection agencies, credit reference bureaus or credit risk reduction.

The only other situaiton where we may need to disclose your personal information to third parties is to fulfil your instructions or pursuant to your expressed consent.

Contacting You

We will contact you by telephone, email or mail for operational purposes relating to your membership of the CrowditBuildit Community. We may also contact you to inform you about products and services which we believe may be of interest to you. You have the right to ask us not to process your personal data for marketing purposes. You can exercise the right at any time by unsubscribing or contacting us by email on investin@crowditbuildit.com. Alternatively, you will find an unsubscribe facility in the 'Membership Profile' area, available when you are logged into our website.

 Where We Store Your Information

The information is stored on cloud based servers, and locally backed up on CrowditBuildit computers. Given that it is held on the cloud, the information that we hold about you may be transferred to, and stored at, a destination outside the European Economic Area (‘EEA’). However, all processes will conform to European legislation. It may be processed by staff or Associates operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.  

Website Security

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk.  However we use sophisticated website encryption technology to protect sensitive data that you submit to us online. We use this technology to reduce the risk of your data being intercepted by unauthorised persons during transmission. We also require that users of our website go through an authentication process which requires you to enter a username and password. To reduce the risk of fraudulent access to our website we strongly recommend that you use a secure password which is different to passwords you use for other websites or services.  

Access to Information

The GDPR legislation gives you the right to access information held about you. Under the Act, you may request that we send a copy of the information that we hold to you for a small processing fee (to meet our costs in providing you with the information as provided for under the Act). Should you wish to make such a request please write us as using the following contact information: FAO: Information Officer, CrowditBuildit Ltd., c/o: Wosskow-Brown Solicitors, The John Banner Centre, 620 Attercliffe Road, Sheffield, South Yorkshire, S9 3QS, UK.  

Changes to Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on the website and where appropriate, and notified to you by e-mail. Please check back frequently to see any updated or changes to our policy.  

Cookie Policy

A cookie is a small file of letters and numbers that is sent from a website and stored in a user’s internet browser or their hard drive whist user is browsing that website. Cookies enable the identification of you on subsequent visits with a view to improving your browsing experience. Cookies cannot transmit viruses and similarly they cannot install malware onto your computer. However, they can be used for tracking purposes and as such may be considered to be a concern to the privacy of some users. By continuing to browse this website you are agreeing to our use of cookies. Cookies may be used on the crowditbuildit website. They may be used to keep track of the information you have given us during your visits to the website. The cookie stored on your computer is simply a numeric identifier that we use to identify you as you move around the website and so you can retrieve information you have previously sent to our server. By default, the CrowditBuildit site uses cookies to verify who the user is, i.e. if the user is logged-in (registered user) or is a commenter on the site. The site may set cookies to prevent comment spam. Cookies will last for 12 months.  

Google Analytics

This CrowditBuildit website uses Google Analytics. This is a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies, to help the website analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the crowditbuildit website. By using the crowditbuildit website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.  

What does CrowditBuildit do with Google Analytics data?

CrowditBuildit Ltd collects google analytics data anonymously. It analyses website trends without identifying individual visitors. The cookies store information such as the number of visits to the website and what website referred the visitor to the web page. We use the information to view reports about how visitors interact with the website and to help us improve the website. Information about these cookies and how to reject or delete them:

• http://www.google.co.uk/intl/en/analytics/privacyoverview.html http://www.google.com/intl/en/policies/privacy/ads/#toc-analytics.

To opt out of being tracked by Google Analytics across all websites visit:

• http://tools.google.com/dlpage/gaoptout.

Google’s privacy policy can be found at the following URL:

• http://www.google.com/intl/en/privacypolicy.html

 

Opting Out

The crowditbuildit website provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. This is under ‘Profile’ in Control Centre.  

How to control and delete cookies

You may restrict or block the cookies which are set by the CrowditBuildit Ltd website, or any other website, through your browser settings. To find out more about cookies and how to manage them, visit www.aboutcookies.org. Please be aware that restricting cookies may impact on the functionality of the CrowditBuildit Ltd website.  

Non-Disclosure of Confidential Information

1. Parties

This Agreement is made between the following parties:

• CrowditBuildit Ltd of c/o Wosskow-Brown Solicitors, 420 Attercliffe Road, Sheffield, S9 2QS and all of its wholly owned subsidiary companies,
and

• The user of the CrowditBuildit website, who agrees to these T&C’s, and all Members of the CrowditBuildit Community (MCC).

 

2. Background

On the terms of this Mutual Agreement (‘Agreement’), each party above wishes to work and disclose to the others, certain Confidential Information (as defined below) in the context of discussions which the parties are entering into with regard to the business of CrowditBuildit Limited (the ‘Project’) and each party wishes to have access to such Confidential Information. Each party has the ownership of all Intellectual Property Rights over the material, ideas, principles and methodologies that they bring to the project (‘background IP’), and it is this that this agreement is designed to protect. Intellectual property rights include copyright and rights in the nature of copyright, design rights, data base rights, moral rights, trade names or any other intellectual or industrial property rights.  

IT IS HEREBY AGREED AS FOLLOWS

3. Definitions

(a) ‘Group’ means in relation to the parties, companies that they own or are members of (e.g. as employee), institutions that they are involved in (e.g. as employees), each and any subsidiary or holding company and each and any subsidiary of a holding company of that company or institution. (b) ‘Disclosing party’ refers to those members of the group who wish to disclose what otherwise would be considered confidential information; (c) ‘Recipient’ refers to those members of the group who receive confidential data from a disclosing party; (d) ‘Effective Date’ means the date of this agreement, being the date of its signature by the parties, or the date of Membership of the CrowditBuildit Community, as stamped in the membership database; (e) ‘Restricted Period’ means indefinitely from the commencement of the project. (f) ‘Contractor’ means any person who is paid directly or indirectly by either party to assist in the Project. (g) ‘Purpose’ shall mean any discussions and exchange of other written and non-written information between the parties concerning or in connection with the Project. (h) The ‘design’ means the specific design of any new project by the parties or group, and associated artefacts developed by the project. (i) ‘Confidential Information’ shall mean product, technical or other information relating to methods, ideas, approaches, suppliers or data (including but not limited to information retained on all types of medium including written, diagrammatical, software, plans or other storage medium) relating to the business or affairs of a party disclosed in connection with the Project, whether in writing, orally or by any other means, and whether or not that information is marked ‘confidential’, to one party (‘the Recipient’) by the disclosing party, whether before or after the date of this Agreement, but shall exclude any information which:

1. is in or comes into the public domain in any way without breach of this Agreement by the Recipient; or
2. the Recipient can show was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the Recipient from the disclosing party under an obligation of confidence; or
3. the Recipient can show was developed by or for the Recipient at any time independently of any information disclosed to it by the disclosing party; or
4. the Recipient obtains or has available from a source other than the other party without breach by the Recipient or such source of any obligation of confidentiality or non-use towards the disclosing party; or
5. the Recipient develops in the future using technology available in the public domain which might have similar functionalities; or
6. is hereafter furnished to the Recipient by a third party without restriction on disclosure or use; or
7. is disclosed by the Recipient with the prior written approval of the disclosing party in accordance with the terms of such written approval.

 

4. Termination

The term of this Agreement is indefinitely, from the Effective Date. Any party may terminate this Agreement at any time during the term by notice to the other party. Termination by a Member of membership can be done on-line using:

• crowditbuildit.com/unsubscribe.

Termination by CrowditBuildit Ltd can be done at any time, and a member will be subsequently notified. On receipt of membership termination, the parties shall, on written request, return to the other party or destroy (as relevant) all the other party’s confidential information and any copies thereof. Notwithstanding termination or expiration of the term, the confidentiality obligations imposed by this agreement shall continue indefinitely with regard to communication of confidential information, after the date of the termination notice or the expiration of the term as appropriate.  

5. Handling of confidential information

The recipient shall maintain the other disclosing party’s confidential information in confidence and shall exercise in relation to the confidential information no lesser security measures and degree of care than those which the Recipient applies to its own Confidential Information, which the Recipient warrants as providing the protection against unauthorised disclosure, copying or use required by the terms and conditions of this Agreement. The Recipient shall ensure that disclosure of the Confidential Information is restricted to those employees, directors or Contractors of the Recipient, and/or its Associated Companies or Institutions who need access to the Confidential Information for the Purpose and who have agreed to be bound by the terms of this Agreement. Copies or reproductions shall not be made except to the extent reasonably necessary for the Purpose and all copies made shall be the property of the disclosing party. Where any Confidential Information is incorporated into any documents prepared by the Recipient, such documents (and any copies thereof) shall remain the property of the Recipient but shall be destroyed in accordance with clause 2 upon the termination of this Agreement.  

6. What is confidential information?

Confidential information includes the following at least one of the following:

• Information that has commercial value; or
• It is not in the public domain.

In the case of CrowditBuildit Ltd, its confidential information includes:

• Specific designs of properties;
• Project information;
• The specifics of the equity based crowdfunding system and associated processes;
• Financial information;
• Customer and supplier lists;
• Business Plans.

In situations where such information is placed on the crowditbuildit.com website, it is not normally in the public areas. As such, it should be treated as confidential. Any information which is confidential, will be marked as such. Highly confidential information will be clearly marked ‘Confidential’. Other information will have a copyright notice on it. In both these instances:

• Suitable care will be applied by the recipient to ensure it is not inadvertently given to other parties;
• If this information is to be distributed to third parties, this should be agreed with CrowditBuildit Ltd prior to its distribution.

If there are any doubts about what constitutes confidential information belonging to CrowditBuildit Ltd or any of its wholly owned subsidiaries, or on how it might be used, or to gain agreement on how it can be used, then the recipient of the information should contact CrowditBuildit on the following email address: admin@consultancyacademy.com.  

7. Non-Competition

The parties agree as follows: (a) Other than for and on behalf of the parties, or any company, organisation, subsidiary or holding company that is created as part of the project, or with the prior written consent of all the Shareholders directly or indirectly and whether alone or jointly with any other person firm or company or as the holder of any interest in or as an employee or director of or consultant to any other person, firm or company during the restricted period, and whilst the company is in existence as registered at Companies House UK, (or national equivalents), the other party shall NOT BE engaged or concerned or interested in the use of the disclosing party’s confidential data. (b) During the Restricted Period, the recipient shall NOT SAY OR DO anything likely or calculated to lead or entice any person firm or company to apply the same or similar products (including associated methods, data, approaches with a similar design) to compete against the disclosing party. (c) During the Restricted Period, the recipient shall NOT SOLICIT or interfere with or endeavour to entice away from the disclosing party, any person, who at any time were employees, intermediaries, brokers, suppliers or customers or Associates of or otherwise in the habit of dealing with the disclosing party. (d) The restrictions contained in the whole of this clause 7 are considered reasonable by the parties and no greater than is necessary for the protection of the Business and the goodwill of all parties. (e) Each party hereby acknowledges that having taken independent legal advice (s)he understands the full extent of the restrictions in the whole of this clause 7 and considers the same to be reasonable for the proper protection of the goodwill of the parties and those involved in the project.  

8. Limitations and Warranty

5.1 The Recipient of information shall: (a) use the Confidential Information only for the purpose; and (b) not divulge the disclosing party’s Confidential Information, in whole or in part, to any third party; and (c) make no other commercial use of the Confidential Information or any part of it without the prior written consent of the other party. 5.2 Notwithstanding the foregoing, the Recipient shall be entitled to make any disclosure of the confidential Information required by law, regulation or on behalf of any competent regulatory authority or by a court of competent jurisdiction provided that (if legally possible to do so) it gives the disclosing party not less than two business days’ prior notice in writing of such proposed disclosure. 5.3 The Recipient acknowledges that Confidential Information is disclosed on an ‘as is’ basis. In no event shall the disclosing party be liable for the accuracy or completeness of any Confidential Information. The disclosing party gives no warranties, whether express or implied including any implied warranties of satisfactory quality and fitness for a particular purpose with respect to the Confidential Information.  

9. Disclaimer

All rights in the Confidential Information are reserved by the disclosing party and no rights or obligations other than those expressly contained in this Agreement are granted or to be implied. In particular, no licence is granted directly or indirectly under any invention, discovery, patent, copyright or other industrial property right now or in the future held, made, obtained or licensable by either party.    

Minor Works Contract

AGREED TERMS AND CONDITIONS

General

Contractor’s Obligations

Employer’s Obligations

Sub-Contracting

Variations

Payment

Adjustment of the Completion Date

Completion and Defects

Termination

Dispute Resolution

Please note that we are not able to provide investment opportunities to retail investors.