1) By completing the “Instant Quotation” form and replying to the draft loan note issued to you by email, you are making an application to invest in a bond (the “security”) issued by UK Property Investment Club Limited t/a UK Best Investments (the “issuer”). The offer is made as per the date listed on the draft loan note and is valid for 7 days. The loan note sets out important information about the bond such as the investment amount, the term, the interest rate payable, the total interest generated over the term of the investment, annually, quarterly, and monthly, your chosen payment preference, when the investment will commence, when your investment will be returned, what would happen in the advent of default or if the investment was withdrawn early. The loan note also confirms your investment category. UK Best investments only deal with investors in the following categories – High Net Worth Investor, Self-Certified Sophisticated Investor and Certified Sophisticated Investor. These categories are described by the UK Financial Conduct Authority (FCA) www.handbook.fca.org.uk/handbook/COBS/4/12.html#DES82:
Exact information relating to our proposition is listed at: www.ukbestinvestments.uk. We can also be emailed at invest@ukbestinvestments.co.uk or called on 0116 2168443 should further clarification be required. The application is subject to satisfying the requirements of the terms and conditions and successful completion of the application process i.e., returned agreement of the emailed loan note, receipt of the listed required documentation and payment of your investment. Your investment will only be accepted once you have fully complied to all the issuers’ requirements.
2) Payments should normally be made directly into our bank account. Details are listed on the loan note. For security purposes, please check these details with us before making payment as we cannot be held responsible for any mistakes made. We can also receive cheques posted to the address listed in the footer of the draft loan note. Interest payments and return of your investment will be made into the bank account stated on your application, unless we receive written notification otherwise, and following completion of any anti-money laundering checks that may be required.
3) Investors will have seven (7) days to cancel an application, after receipt of an emailed acceptance of the draft loan note.
4) In making your application, you acknowledge and confirm:
- a) that you are not relying on any information given by UK Best Investments, its staff or directors, or any representations, warranties, agreements or undertakings (express or implied, written or oral) or statements made at any time by the issuer or any other third party whether acting on their behalf or otherwise, in relation to the issuer or any group entity other than as contained in the investor documentation and that, accordingly, neither the issuer nor any directors, officers, agents, employees or advisers of the issuer, or any such entity or any person acting on its behalf shall have any responsibility for any such information, representations, warranties, agreements or undertakings (express or implied, written or oral);
- b) you are not relying on the issuer or anyone acting on their behalf to advise as to the merits of investing in bonds or to ensure that bonds are a suitable investment for you.
- c) you have read and understood the section headed “Risk Warning” and the information contained within: ukbestinvestments.uk and listed in the draft loan note. Without limiting the preceding sentence, you understand and accept that:
- i) there may be tax consequences for you when investing in bonds (and these may include deduction or withholding tax). General tax information for UK individual investors as well as certain other types of investors change in line with UK government legislation. You should research your own personal tax position at the time of investment and take professional advice as appropriate; and
- ii) you are either an individual who is 18 years old or more at the date of making your application and who is not resident in the USA ”US Person”, or you are the authorised representative(s) of a non-natural person, including a limited company, a limited liability partnership, trust or foundation that is not registered in the USA.
- d) your making of the application, being issued with bonds and/or receiving any payments in respect of the bonds, does not contravene any law or requirement of any official or government body based outside the UK to which you are subject. Without limiting any other terms and conditions, you acknowledge and confirm that you are not a US person, are not receiving loan notes in the United States and are not acquiring bonds for the account of a US person.
- e) you are aware that we recommend you seek advice from someone who specialises in advising on investments.
- f) unless the issuer expressly agrees otherwise, any third-party adviser or intermediary is not entitled to be paid any commission in relation to your application. If the issuer does agree otherwise, it will set out details of the commission which it has been agreed will be paid in advance of you making an investment, either in writing or on its website, and such commission will be paid by the issuer.
- g) you acknowledge that the issuer may, at its absolute discretion, reject in whole or in part or scale down your application and may, if necessary, return monies to you by cheque to the postal address specified in your application or to your stated bank.
- h) you are not engaged in money laundering. No money paid in subscription for bonds shall represent the proceeds of any criminal activity.
- i) unless you have disclosed to us that you are applying on another person’s behalf (for example, as an intermediary who has disclosed its client’s identity) you must make your application on your own behalf and for no other person; and
- j) the issuer, its directors, employees, agents, and remaining staff will rely upon the truth and accuracy of the confirmations, acknowledgements and representations contained in your application.
5) It is a term of your application that, to ensure compliance with the legislation relating to money laundering and financial crime, the issuer and its staff may, at their absolute discretion, require information and/or evidence or further verification of your identity. The directors of the issuer may decide not to issue bonds to you until they are satisfied as to your identity. If within a reasonable time after request, satisfactory evidence of your identity has not been supplied, the issuer may, at its absolute discretion, terminate your application in which event no bond will be issued to you.
6) (As applicable) any member of the group issuing the bond, its directors, officers, LLP members, agents, employees, or other staff of the issuer or any such group entity or any person acting on behalf of them may rely upon a right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions that refers to an acknowledgement, confirmation, authority or right in their favour. No other person shall have a right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions. Notwithstanding any term of these terms and conditions, the consent of any person who is not a party is not required to rescind or vary these terms and conditions.
7) The making of applications, acceptances of applications, the issue of bonds to investors and any resulting contracts in relation to the bonds will be governed by and construed in accordance with English law and you and the issuer submit to the exclusive jurisdiction of the relevant courts of the United Kingdom in relation to any disputes, as to the making or acceptance of applications and in relation to any resulting contracts.
8) Once your application has been accepted the issuer will issue confirmation via email. Investors will be issued with a completed loan note, documenting their legal entitlement to the bond issued to them. The issuer is not bound to take notice or see to the execution of any trust whether express, implied, or constructive to which any bond may be subject.