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Investor Terms & Conditions

These terms and conditions (“Conditions”) apply to each person who registers on the crowdfunding website at https://www.bayuti.com (the “Website”) as part of considering and/or participating in an Investment as part of the Fundraising.

Definitions

The definitions below apply to all of the Terms and Conditions listed:

  • Claim: means claims, demands, actions, costs, and expenses (including but not limited to legal costs and disbursements on a solicitor and own client basis), losses, and damages.
  • Investment Information: means all information provided as part of the Fundraising process (successfully or otherwise) via the Website (including without limitation any business plan, investment memorandum, financial forecasts, accounts, and other information about the Investment Vehicle).
  • Cancellation Period: means once funds have been transferred to the escrow account, the Investor has 14 days or up until the funding campaign closes, whichever is earlier (the “Cancellation Period”), to cancel their commitment.
  • Contract: means a contract between the Investor and the Service Provider based on and incorporating all of these Conditions.
  • Fundraising: means the current proposed fundraising as set out on the Website.
  • Group SPV Company: means the SPV Company and/or any other SPV Company from time to time in the same group (as defined by s.474(1) Companies Act 2006) as the SPV Company. SPV stands for Special Purpose Vehicle.
  • Investor Information: means all information provided by the Investor to any Investment Vehicle and/or the Service Provider and their officers and members (including without limitation any personal data, investment criteria, confirmation of investment status, and other information about the Investor) as part of the application by the Investor via the Website to become an ‘Investor’.
  • Investment: means a property or equity investment proposed on the Website and made by the Investor as part of the Fundraising via the Website (albeit using third-party payment providers).

Applicable Terms

These Conditions prevail over any inconsistent terms or conditions contained, or referred to, in any correspondence between the Investor and any Investment Vehicle or the Service Provider, on the Website, or implied by law, trade custom, practice, or course of dealing.

No terms or conditions endorsed upon, delivered with, or contained in an Investor’s correspondence with any Investment Vehicle or the Service Provider shall form part of the Contract, and the Investor waives any right which it otherwise might have to rely on such terms and conditions.

Legally Binding Terms and Restrictions

These Conditions create legally binding obligations which, once accepted by the Investor, form the Contract, which can be relied upon and enforced by any Investment Vehicle or the Service Provider and/or their respective advisers and/or any of their approved auditors against the Investor.

The Investor shall be deemed to have accepted these Conditions by using the Website and transmitting funds for Investment. The Investor agrees that the potential opportunity to invest funds via the Website is adequate consideration for this Contract.

Use of Investor Information (Including Personal Data)

By accepting these Conditions the Investor acknowledges that the Service Provider and their contractors and professional advisers shall be entitled to use the Investor Information to assess and/or process the application by the Investor to participate in the Investment as part of the Fundraising.

Furthermore, the Service Provider may disclose Investor Information to third parties in specific scenarios to comply with the law or protect the rights of the Investment Vehicle and/or the Service Provider.

Risks and Warnings

  • Any decision to make an Investment is solely a personal decision by the Investor, and no responsibility for the consequences of that decision is accepted by the Service Provider or its directors, shareholders, advisers, agents, or employees.
  • The Investor has been advised by the Service Provider to consult an authorised financial adviser specialising in investments of this nature before making an Investment.
  • Any Investment is speculative and high-risk, with no guarantee of returns.
  • There is no established market for trading Shares, which may be difficult to realise at a reasonable price.
  • Share prices and property values can fluctuate, which may affect the value of the Investment.

Investment Fees

The Service Provider Fee of 3% (plus VAT, if applicable) will be charged over the Investment amount, payable before Completion. These fees cover fundraising costs and contractor fees, and remain payable even if funds need to be returned due to a legal claim.