*1. Privacy Statement*
1.1. Any personal information like your Name, Email, Telephone, Address, and Country provided by you to SPC will be held in accordance with the Data Protection Act 1998 and will not be released to any third party without your consent.
1.2. SPC will ask you to provide the appropriate identification in order to comply with money laundering regulations once a purchase has been agreed and a reservation made and prior to the reservation fee being paid through SPC to a developer.
1.3. We may use your personal information to:
1.3.1. Provide information to you by email or post which we think may be of interest to you.
1.3.2. Provide information relating to you or others if you indicate that you wish to receive marketing material or similar communications.
1.3.3. Provide other companies with statistical information about our clients, but this information will not identify any individual person. Please advise us if you do not want to receive any further communications of this nature.
1.4. We will record the IP address of all new registrations.
1.5. If at any time you wish to have your information removed from our active databases, please contact us. Additionally, you will be able to unsubscribe anytime by clicking on the unsubscribe link at the bottom of all our email communications.
1.6. If you wish to contact us, you can do so by phone on +44 (0) 7535 440547 or email us at info@starlingproco.com.
*2. Links*
2.1. Our website may contain links to other websites not under the control of SPC. SPC cannot be held responsible for any use or information given by the third-party website.
*3. Access to Data*
3.1. Under the Data Protection Act 1998, you may request details of the personal information we hold about you. A fee is payable for providing this information. Please make any request to the Data Protection Compliance Officer at the registered office address noted above.
3.2. If your personal information changes or you no longer wish to receive our service, please let us know in writing and we will either update or remove your details from our database.
*4. Disclaimer*
4.1. Particulars described on the website or any written material should not be relied upon as accurately describing any specific matter. Tables, projections, and profit forecasts are provided for illustrative purposes only. SPC will not accept responsibility for any market changes, which may affect the projections on the website or in written material. Our services are not regulated, and we encourage all investors to seek appropriate financial and tax advice from suitably regulated sources.
4.2. While we do our utmost to verify the contents of the website and any written material we produce, we are not responsible for any error or omission, whether due to us or to our sources of information, nor are we liable, directly or indirectly, for any loss whatsoever that may arise therefrom. All purchase price values are correct at the time of going to press but may be affected without notice by the developer.
4.3. Property values can decrease as well as increase. No express or implied income claims are made herein. Neither SPC, nor any of its partners, directors, employees, or representatives will be liable for damages arising out of or in connection with the use of information provided on the website. Due diligence must be exercised by each individual buyer and SPC is not providing financial advice under the regulations of the Financial Services Authority.
*5. SPC’s Obligations During Reservation of a Property*
5.1. Reservations made on behalf of the Developer are subject to change at any time and SPC cannot be held responsible for any alterations made by a developer which may adversely affect the purchaser. All particulars and plans for properties were prepared from preliminary plans and specifications before the completion of the properties and are intended only as a guide. They may have been changed during construction or finishes could vary. Prospective purchasers should not rely on this information but get their solicitor to check the plans and specification attached to their contract.
5.2. SPC will advise a purchaser of any changes to a development notified to SPC by a developer as soon as reasonably practical.
5.3. SPC is acting as an agent and/or intermediary for purchasers and will liaise with both the developer and the solicitors to assist the purchaser during the buying process.
5.4. Whilst every care has been taken by SPC to advise purchasers of the developer's intended plans, specifications, layout, and design of a new development, SPC cannot be held responsible to a purchaser for any changes in the plans, specification, layout, or design of the property made by any developer and the developer will always reserve the right to alter any part of a development including the specification.
5.5. The reservation fee is non-refundable even if contracts are not exchanged, save in exceptional circumstances or by prior agreement with SPC.
5.6. In any event, SPC cannot be held responsible for changes or non-delivery by Third Parties/Developers. Purchasers must undertake their own checks and satisfy themselves that they are happy with the contractual arrangements and happy to proceed.
5.7. SPC will send you opportunities for investment, by email or by telephone conversation. Our opinion does not imply we are providing advice of any kind and you are not our advised client in any matter.
5.8. Before any progression, you should carry out your own analysis on what is being offered through your own research. You are advised to carry out an independent legal and financial assessment of any opportunity offered to you before making any commitment to purchase. It is recommended that you use an Independent Lawyer for international property transactions.
5.9. Please remember that the price and value of any investment and income can go down as well as up. If you make an investment you may get back less than the amount you originally invested. If you are in doubt about any investment decision you should seek the advice of a suitably qualified person.
*6. Buyer’s Obligations During Reservation of a Property*
6.1. Basis of the Reservation Agreement
6.2. This Reservation Form including these Terms and Conditions (the Reservation Agreement) is made between the Buyer and the Seller, acting through any authorized agent.
6.3. The Agent has been authorized by the Seller to enter into this Reservation Agreement and receive the Reservation Deposit on its behalf.
6.4. All sub-agents have been authorized by the Master Agent to enter into this Reservation Agreement and will not receive any Reservation Deposit monies.
6.5. By entering into this Reservation Agreement, the Agent confirms that the Seller is interested in selling the Reserved Property to the Buyer and the Buyer confirms that he/she is interested in purchasing the Reserved Property from the Seller.
6.6. The Buyer warrants and represents that all information provided by him/her in the Reservation Agreement is true and accurate in all respects.
6.7. By signing the Reservation Agreement, the Buyer acknowledges and agrees that:
6.7.1. He/she has been given every opportunity to raise inquiries or questions in relation to the Reserved Property, the development, and all plans relating to the same;
6.7.2. He/she has had the opportunity to take legal and financial advice in relation to this Reservation Agreement and will take legal and financial advice in relation to his/her purchase of the Reserved Property before Exchange of Contracts (as defined below) and will rely on such legal and financial advice; and
6.7.3. Any information, marketing material, and/or representations provided by the Seller or the Agents are for guidance only and are not contractually binding and they shall in no way replace the Buyer’s responsibility to seek legal and financial advice and carry out its own due diligence in respect of the purchase of the Reserved Property.
6.8. In consideration of the payment of the Reservation Deposit by the Buyer to the Seller, the Seller agrees not to sell the Reserved Property to any other person during the Reservation Period (as defined below) and shall instruct its solicitors to issue the relevant documentation for the sale of the Reserved Property to the Buyer.
6.9. The Reservation Period means a period of 28 days from the date of entering into this Reservation Agreement and paying the Reservation Deposit, provided that if the Reserved Property is subject to any planning approval at the date of entering into this Reservation Agreement, the Reservation Period shall mean a period of 28 days from the date of the grant of planning approval. In either case, the Buyer shall finalize Exchange of Contracts (as defined below) in respect of the Reserved Property with the Seller within the Reservation Period.
6.10. The Reserved Property will not be reserved unless and until the Reservation Deposit is paid in full, cleared funds by the Buyer.
*7. Exchange*
7.1. In the event that during the Reservation Period there is a legal exchange of an agreement for sale of the Reserved Property (Contract) made between the Buyer and the Seller for the Purchase Price (Exchange of Contracts) and the Buyer has paid the Reservation Deposit then the Reservation Deposit shall be treated as a part payment of the Purchase Price due under that Contract.
7.2. In the event that for whatever reason Exchange of Contracts to purchase the Reserved Property does not occur between the Seller and the Buyer within the Reservation Period then the Reservation Deposit shall be forfeited and no refund of the same shall be made to the Buyer and shall belong absolutely to the Seller.
7.3. Completion of the sale of the Reserved Property (including payment of the Purchase Price) will be made by the Buyer in accordance with the Contract for the sale of the Reserved Property.
7.4. The Buyer shall bear all exchange rate divergences and/or bank charges, including credit card transaction charges, as applicable, in connection with the purchase of the Reserved Property.
*8. General*
8.1. The Buyer may not assign or transfer any or all of his/her rights or obligations hereunder without the prior written agreement of the Seller. This Reservation Agreement contains the entire agreement between the parties