1. The Parties

1.1 These are the terms and conditions of Property Investors Network Ltd (incorporated in England and Wales under company number 07106363) whose registered address is at 54 Hagley Road, Birmingham B16 8PE. All references in these terms to ‘we’, ‘us’ or ‘our’ are to Property Investors Network Ltd.

1.2 All references to ‘you’ and ‘your’ are to the person contracting with us as a preferred partner (‘Preferred Partner’). You must be at least 18 years old to do so. All references to a ‘party’ are to you or to us (depending on the context), and any reference to the ‘parties’ is to both you and us.

2. Status Of These Terms

2.1 These terms supersede any previously issued terms of purchase or supply.

2.2 You should read these terms together with any description of your role as a Preferred Partner or requirements/benefits or other related documentation (including any ‘Key Terms’ and our ‘External Code of Conduct’) that we provide or make available to you. Together, they form the contract between you and us.

2.3 If there is any ambiguity or inconsistency between the documents referred to in clause 2.2 above, the following order of precedence will apply: a) any description of your role as a Preferred Partner or requirements/benefits or other related documentation (including any ‘Key Terms’ and our ‘External Code of Conduct’); and b) these terms.

2.4 The contract between you and us will come into effect when we receive your payment to register as a Preferred Partner.

2.5 We may make changes to these terms at any time but the terms that apply to you will be the terms in force when the contract between you and us came into effect.

3. Preferred Partner Status And What We Expect From You

3.1 Preferred Partner status can be limited and is subject to availability. We reserve the right not to grant you Preferred Partner status or to withdraw that status, and may insist on certain pre-requisites as to, for example, knowledge and experience. If we exercise that right, we will usually refund any payments you have made to us in advance, less a reasonable sum for any benefit you have derived from the period you had Preferred Partner status (if any).

3.2 You must:
a) co-operate with us and comply with our reasonable and lawful instructions, requests and/or notices regarding your Preferred Partner status and your activities as a Preferred Partner;

b) promptly provide to us any information, branding and marketing or other materials we may reasonably require regarding your Preferred Partner status and your activities as a Preferred Partner;

c) attend all pin meetings for their entire duration (usually 6pm – 9.30pm), or provide a representative, and present or ensure that your representative presents, a 5 minute market update each month to your pin meeting;

d) actively promote your local monthly pin meeting to your contacts, through email and social media and or as we may reasonably and lawfully request;

e) comply with the terms of our ‘External Code of Conduct’.

4. How We Work With Preferred Partners

4.1 We expect to work with you as a Preferred Partner in the way we describe. But we reserve the right to make such changes as we consider reasonable and appropriate. Such changes may include changes to events and deliverables and included items, form, content, location, dates, and times, or even withdrawal, suspension or cancellation (in full or in part) of events and or deliverables. If we make changes or cancel, we will aim to provide you with reasonable notice in the circumstances.

4.2 Your Preferred Partner status, and all materials provided or made available as part of that relationship, are specific to the party identified on our systems as the Preferred Partner. You may not transfer materials to any other person. You must not use or make available or resell or otherwise commercially exploit any part of any services or content from our website without our prior written permission.

4.3 We may provide you with access to any online materials and groups as and when we consider appropriate regarding your Preferred Partner status. You must use them only for the intended purposes. You must keep all materials and any login and account credentials we provide to you confidential and must not share them with any other party. It is your responsibility to ensure that you can access such materials (including having the technical means to do so). Whilst we take care with the provision of materials, we cannot guarantee that they will always be available or error free.

4.4 You must always act respectfully, reasonably and lawfully towards others in connection with your Preferred Partner status. You must not photograph, record, reproduce, stream or broadcast any part of our services, including any audio or visual content we provide or make available as part of any services, without our prior written permission. You must not use any materials or online access to materials or groups that we provide or make available to you for any unlawful purposes or otherwise as intended by us for your specific use.

4.5 You must cooperate with us in our provision of our services. You must comply with our reasonable and lawful instructions, requests and/or notices regarding our services or in connection with them. This includes using our materials, property and systems (including any promotional materials, promotional codes, IT systems or accounts or other digital assets and materials), that we provide or make available to you in an appropriate, responsible, safe and lawful manner. We reserve the right to withhold, remove or suspend access to any of our services if you do not do so.

5. Fees, Payment, Cancellation And Refunds

5.1 The amount and timing of fees and payments due in respect of your Preferred Partner status are out in the relevant documentation and/or on our website and/or are explained to you at the time of purchase. You must make payment(s) to us in full (including any applicable VAT) in the amounts and in accordance with the timings we specify without any set-off, counterclaim, deduction or withholding.

5.2 Where we charge fees in regular instalments or where you have a subscription with us, you must ensure that you make ongoing payments as and when required. If we have not received payment in full by the date(s) we have specified (including where we have permitted you to make payments in instalments), we will notify you using the contact details you provided at the time of purchase. Unless we agree otherwise in writing: a) you must, at your own cost, return to us any (promotional) merchandise in an undamaged and reusable state within 7 days; b) we will remove your access to any online materials and groups and any other benefits we provide regarding your Preferred Partner status; c) we will not permit you to act as a Preferred Partner; and d) we will not refund any payments you have made.

5.3 Occasionally, we may need to cancel our services (or part of them), which we can do at our discretion. If we do so, we will notify you using the contact details you provided at the time of purchase and may provide an appropriate pro rata refund.

5.4 We will not refund any payments if you simply fail to use your Preferred Provider status or access our services (including failing to attend any event, course or meeting (including a deferred event) once it has started.

5.5 If there has been an error regarding the pricing of your Preferred Partner status or any of our services and this affects you, we will try to contact you using the contact details you provided at the time of purchase. We will give you the option to re-confirm your purchase at the correct price or to cancel your purchase. If we are unable to contact you, we will treat the purchase as cancelled and notify you by email.

6. Limitation of Liability

6.1 The extent of our liability under or in connection with the contract between the parties (regardless of whether such liability arises in contract, tort or in any other way and whether or not caused by negligence or misrepresentation) is as set out in this clause 6.

6.2 Our total aggregate liability, arising under or in connection with the contract, will not exceed a sum equivalent to the total amount you have paid to us under the contract.

6.3 If we are liable to you, we will only be liable for any loss or damage we cause directly. But we will not be liable for: any loss of contracts, earnings, income, revenue or profit (actual or anticipated); any anticipated savings or wasted expenditure; any travel, accommodation and/or subsistence/refreshments; loss of opportunity; loss of or damage to goodwill or reputation; loss of or corruption of data or information; or for any indirect, special or consequential loss.

6.4 Nothing in this clause 6 limits in any way our liability in respect of: a) death or personal injury caused by negligence; b) fraud or fraudulent misrepresentation; or c) any (other) loss which cannot be excluded or limited by applicable law.

7. Intellectual Property

7.1 You acknowledge and agree that we or our licensors own all ‘intellectual property rights’ (as defined below) in all works and materials we use, provide, or make available to you, regarding our services and on our website.

7.2 You must not use or copy for the use of any other person, or make available or divulge to any other person, in any way, any of the materials, notes, strategies, content or teachings of our services, whether for financial gain or not. You must not infringe our intellectual property rights or allow or assist any other person to do so. You must comply with our reasonable and lawful instructions in relation to all use of our, or our licensors’, intellectual property rights.

7.3 You grant us a licence to use such of your intellectual property rights as we may reasonably request or require in providing our services and or to enable you to act as a Preferred Partner to us.

7.4 For the purposes of this clause, ‘intellectual property rights’ means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, the right to sue for passing off, database rights and rights in data, rights in domain names, and all similar rights and, in each case: a) whether registered or not; b) including any applications to protect or register such rights; c) including all renewals and extensions of such rights or applications; d) whether vested, contingent or future; and e) wherever existing.

8. Confidentiality

8.1 You will treat as confidential all our ‘confidential information’ (as defined below). You will not use for your own benefit or the benefit of any other person, or divulge to any other person, such confidential information except as permitted by these terms (or as permitted by law).

8.2 You may disclose our confidential information only: a) to such third parties who need to know such information for the purposes of advising you on your rights or the exercise of your rights or obligations under or in connection with these terms; b) as may be required by law, a court or any governmental or regulatory authority with appropriate jurisdiction. You will ensure that such recipients comply with this clause 8.

8.3 For the purposes of this clause, ‘confidential information’ means any information that is confidential in nature or which is known to be or which you could reasonably be expected to know is confidential concerning us, our business, any details of our business, affairs, customers, clients, suppliers, partners, plans, proposals or strategy, or any similar information, and includes in particular the materials, notes, strategies, content and teachings of our events, courses and meetings, and login and account credentials.

9. Data Protection And Privacy

9.1 Filming and photography may take place at our events, courses and meetings. If you do not wish to be filmed or photographed, you should tell us at the start, and we will try to accommodate your request. But you acknowledge and agree that we may use all filming and photography in the delivery of our events, courses and meetings, for internal and external marketing purposes, and for promoting our business and commercial interests.

9.2 The way in which we process personal data is set out in our Privacy Notice available on our website at: https://propertyinvestorsnetwork.co.uk

10. Term And Termination

10.1 Subject to earlier lawful termination in accordance with this clause, the initial term will be a period of 12 months from the date we receive your payment to register as a Preferred Partner (‘Initial Term’). At the end of the Initial Term the contract will automatically renew for subsequent periods of 12 months (each a ‘Subsequent Term’). We refer to the last day of the Initial Term and the last day of each Subsequent Term as the ‘Renewal Date’.

10.2 You may terminate the contract by providing 2 months’ written notice before the Renewal Date by email to pinmeetings@propertyinvestorsnetwork.co.uk

10.3 We may terminate the contract and your Preferred Partner status and access to our services for any reason on giving you 1 month’s written notice.

10.4 We may terminate the contract with you and your Preferred Partner status and access to our services with immediate effect by giving written notice to you if you: a) commit a material breach of contract and where remediable fail to remedy that breach within 7 days of being asked to do so (including failing to pay us any sums when due); b) repeatedly breach these terms; c) suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; d) undergo a change of control; e) are no longer able to fulfil your obligations to us; f) act in any way which in our reasonable opinion is materially prejudicial to our legitimate business interests, including infringing any of our intellectual property rights, committing a breach confidence, and/or if you act in any way which may cause material harm to our reputation or that of any third party; or g) we reasonably believe there is a breakdown of trust and confidence between you and us.

10.5 On termination: a) you must within 7 days, at our election, return or destroy all confidential information and property of ours then in your possession or control; b) you will not be entitled to a refund of any fees or continued access to our services, including any online materials or groups or any other benefits of our services; and c) any terms expressly or by implication intended to come into or continue in force on or after termination will remain in full force and effect. Termination will not affect any of our rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of contract which existed at or before the date of termination.

11. General

11.1 Monitoring: We may monitor or record use of our property and systems (including use of any promotional materials, promotional codes, IT systems or accounts or other digital assets and materials), that we provide or make available to you to ensure all use is appropriate and lawful.

11.2 Entire agreement: These terms together with the documents referred to in clause 2.2 above constitute the entire agreement (ie the contract) between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.3 Variation: No variation or waiver of the contract will be effective unless it is in writing and signed by the parties.

11.4 Waiver: No failure or delay by a party to exercise (in whole or in part) any right or remedy provided under the contract or by law will constitute a waiver of that or any other right or remedy.

11.5 Assignment and subcontracting: We may assign or transfer any or all our rights under the contract and may sub-contract or delegate any or all our obligations under the contract. You may not assign or transfer or encumber any right or obligation under the contract, in whole or in part, without our prior written consent.

11.6 Force majeure: Neither party will be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure results from events, circumstances or causes beyond its reasonable control.

11.7 Notices: You must keep your contact details up to date and notify us promptly of any changes. We will give any notice or other communication under or in connection with the contract to you by email using the email address you specified at the time of purchase or as may be updated from time to time. You must give us any notice or other communication under or in connection with the contract by email to: hello@contactpin.co.uk. Any notice sent by email will be deemed delivered on the next working day after it is sent. The terms of this clause do not apply to the service of any proceedings or other documents in any legal action or process.

11.8 Third party rights: No one other than a party to the contract has any right to enforce any of its terms.

11.9 Comments, complaints or concerns: Please notify us promptly of any comments, complaints or concerns by email to hello@contactpin.co.uk

11.10 Governing law and jurisdiction: The contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, will be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.

11.11 Dispute resolution: If any dispute arises in connection with the contract, the parties agree to enter into mediation in good faith to settle the dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless agreed otherwise between the parties, within 14 days of notice of the dispute CEDR will nominate the mediator. To initiate the mediation, a party must give notice in writing (‘ADR Notice’) to the other party to the dispute, referring the dispute to mediation and sending a copy of the referral to CEDR. Unless agreed otherwise, the mediation will start no later than 28 days after the date of the ADR Notice. Neither party may start any court proceedings in relation to a dispute arising out of the contract until it has attempted to settle the dispute by mediation and either the mediation has terminated, or the other party has failed to participate in the mediation, except that each party may seek urgent interim relief from the courts at any time.

12. Contract Interpretation

12.1 Unless the context requires otherwise: a) a clause or other heading in the contract is included for convenience only and will have no effect on the interpretation of the contract; b) any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words; and c) words in the singular include the plural and vice versa.