Terms Of Use

ACKNOWLEDGEMENTS

By using the site, you must acknowledge the following relating to property investments:

1. As an investor, you will be refunded your full investment when a property deal does not finalise. This could be due to the full funding amount not being met.
2. Investing in property may take years to achieve financial benefits. Investing in property should be understood to be a long-term investment.
3. The value of property may decrease. Kudo Property will perform due diligence on each property to help ensure it is a good investment, however, property value may still decrease.
4. Kudo Property will help you find a buyer when you want to sell, however, any sale is subject to buyer demand.
5. Dividends payments to investors are subject to the investment property making a profit. Kudo Property uses experience to perform due diligence on each property to help ensure it returns profit.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you) and Kudo Property Ltd ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.kudoproperty.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplementary terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity and you agree to comply with these Terms of Use; You are not a minor in the jurisdiction in which you reside;
4. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
5. You will not use the Site for any illegal or unauthorised purpose; and
6. Your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a user name you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under pretences.
24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (`"`Submissions`"`) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you, or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. At our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. At our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure, that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom. For further information, please review our privacy page.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason; including breaching the terms of use, without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or Regulation. We may terminate or suspend access for users that are facilitating any risk for the site. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation pursuing civil, criminal, and injunctive redress.

NOTICES

We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

DEPOSITS & WITHDRAWALS

You shall have the right to withdraw, at any time, any portion of the Available Funds in your Kudo Property account. “Available Funds” refers to funds that are not blocked as collateral for open positions. Submitting a withdrawal request can be done by logging in to your account on the website. Please note, it may take up to 10 business days to process your request. We may request additional information and/or documentation to verify the legitimacy of the request. We reserve the right to reject your request upon suspicion that it is illegitimate. In addition, we are obligated to process your request in accordance with the applicable laws, which is why it is possible that we may need additional information from you, for instance, a valid identification document or bank statement. You hereby agree that under such circumstances there may be a delay in the processing of your request. You acknowledge that the withdrawal of any portion of the funds will be executed via the same transfer method and to the same remitter as the one which we originally received the funds from. We shall refund the part of the funds requested net of any transfer fees or other charges incurred by or charged to us. We are not required to verify the request or the identity of its sender. We shall not be liable for any loss resulting from a request sent by a third party which is not authorised to act on your behalf.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Kudo Property Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

DISPUTE RESOLUTION

• Informal Negotiations

  To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a `"`Dispute`"` and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
  
  

• Binding Arbitration

  Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be the United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

  
  

• Restrictions

  The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

  1. No arbitration shall be joined with any other proceeding;
  2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  
  

• Exceptions to Informal Negotiations and Arbitration:

  The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  2. Any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  3. Any claim for injunctive relief if this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

ACCEPTANCE OF RISK

It is important to understand the risks before investing in any property. Investment performance is not guaranteed, and past performance is not a reliable indicator of future results. The value of investments, and income from them, can fall and rise, and investors may get less than what they have invested. The products and investments offered on this website may not be suitable for all investors and you accept all the risks of investing in any fund. If you are unsure of your suitability for any investment, you should get personal advice from an authorised financial advisor. Kudo Property only gives information on the products and services which it offers and does not give investment advice based on personal circumstances. The investor is responsible for evaluating the merits and risks associated with the use of any material on this website and for making any investment decision based on that material. In exchange for using the materials on this website, you agree not to hold us and other members of the Kudo Property responsible for the consequences of any decision which may be made based on the information provided on this website. All information on this website is presented only as of the date published or indicated on the relevant page, and it may be superseded by subsequent market events or for other reasons. Users are responsible for refreshing their browsers each time they visit the site, to ensure that they receive the most up-to-date information available.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any

1. Errors, mistakes, or inaccuracies of content and materials,
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
4. Any interruption or cessation of transmission to or from the site,
5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

SHARES

Shares represent part ownership in a company, which is the owner of a specific property asset. As such, the owner of a share participates in the performance of the company. However, having shares of ownership does not include or confer any voting rights for any purchases. If the company does well, the shares are likely to rise in price, but if the company does badly, the share price is likely to fall.

• Insolvency 
  In case the company becomes insolvent, corresponding assets will be sold, and after the appropriate costs have been deducted, holders of shares will be paid based on their ownership.


• Perception Risk
  Share price is based on demand which depends on investor's perception of the companies’ future prospects and general sentiments. If others are pessimistic about a company, or as valuers assess the underlying assets of the company, the share price will fall, if you sell at that point, or if the price does not recover, you get back less than you put in.


• User Requests
  To help maintain the liquidity of your investment, in the instance where the majority of shareholders (greater or equal to 50%) in a specific property would like to sell, if the majority of shares have been listed on the Kudo Property Exchange for more than 365 days, shareholders will be asked whether they would like the property to be sold outside the platform within a proposed price band according to market value. When a majority decision is reached then this will be communicated with all shareholders.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Use of the Site
2. Breach of these Terms of Use
3. Any breach of your representations and warranties outlined in these Terms of Use
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

ONLINE SECURITY POLICY

Kudo Property is committed to protecting your online security. We devote significant resources to the provision of safeguards designed to keep your information and investments secure, so that you can use our website materials and enjoy the benefits of your account with confidence.

This policy explains some of the many ways in which we keep your details secure and confidential. It informs you about potential threats and other risks which may affect you, and it outlines the additional steps which you can take to protect yourself.

If you believe that your Kudo Property account has been compromised or may be at risk, please email us at security@kudoproperty.com.

If you have been a victim of identity theft, you should contact us immediately. You can email or call us at the above email address or phone number; please include your name, the circumstances of the criminal activity, and a phone number where we can reach you. As described further below, identity theft occurs when a criminal steals your personal information to access your accounts or opens new accounts under your name. Some common ways in which unauthorised people can get your information include breaking into your house, intercepting your postal mail or email, and sending you phishing emails.

Security Features of Your Kudo Property Account

Accessing Your Account

Encryption and Preventing Unauthorised Access

Secure Online Withdrawals

Staying Secure

Threats and Scams

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us on security@kudoproperty.com.

COMPLAINTS

Kudo Property is committed to:

1. The client’s name and surname.
2. The client’s username.
3. The date on which the issue arose.
4. The affected email account and, if applicable, transaction numbers.
5. A clear and logical description of the issue.

Timeframes & External Dispute Resolution

1. A copy of the Financial Ombudsman Services (FOS) standard explanatory leaflet.
2. The website address of the FOS.
3. Informing the complainant that they may refer the complaint to the FOS if dissatisfied and, if so, do so within six (6) months of the date of our final response.
4. Indicating whether or not we consent to waive the relevant time limits.