WEBSITE TERMS AND CONDITIONS

Welcome to the New Vision website and terms and conditions for use. These terms and conditions apply to the use of this website at www.property-investment-profits.co.uk. By accessing this website and/or registering and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The www.property-investment-profits.co.uk website is operated by:

Rodney Maxwell Thomas BSc FCA & Sheila Ann Thomas trading as New Vision.
Our VAT registration number is 824 2638 33

We are a member of the following trade associations/professional bodies:

• Southern Private Landlords Association
• Institute of Chartered Accountants of England and Wales

1. INTRODUCTION
1.1 You will be able to access part of this Website without registering your details with us.

1.2 We may revise these terms and conditions at any time by updating this document. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As past of the checkout process you will be asked to confirm your acceptance of our Terms and Conditions, which form an integral part of the contract with us.

2.2 As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.3 Our acceptance of an order takes place when we despatch the order confirmation and download instructions by email. When we provide this information the purchase contract will be made even if your payment has not been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.4 The contract exists between yourself and New Vision, the publisher and copyright holders of PIPS.

2.5 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions: or,
(e) for any other reason at our sole discretion.

2.6 PIPS is an electronic product and will be made available to you to download by means of providing a web location and access code. This will be contained within a confirmation email and will be valid for a limited period of time as specified in the email.

3. PAYMENT

3.1 All credit card orders are cleared by our secure server system in conjunction with Secure Hosting and Barclays Merchant Services. This system uses the latest encryption technology and SSL processing to ensure that your credit card details are secure and safe.

3.2 You may also choose to pay by cheque. If you choose to print out the order form and send a cheque as payment then the contract will commence when we issue an email confirming acceptance of your order along with the web address and password to start downloading your goods.

4. PRICING

4.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4.3 Our prices are reviewed periodically without notice. The price shown on the website is the current price and is subject to change without notice. New Vision may make available limited price incentives from time to time, but shall not be bound by such price incentives outside the specified time as described.

4.4 PIPS is an electronic information product and as such is liable for the current rate of VAT in the United Kingdom and the EU.

5. CANCELLATION AND RETURNS POLICY

5.1 If you wish to cancel your order you can notify us by email to support@newvision.uk.com before you have downloaded the goods.

5.2 You can request a refund for the purchase of PIPS for any reason following a trial period of 3 months (90 days) from purchase. The acceptable period for returns is from 91to 365 days from the date of purchase. No refunds will be given within the 90 day trial period and only then if reasonable evidence is supplied that you have worked the PIPS system and failed to produce a successful result.

5.3 On request for a refund, New Vision will ask for;
(a) evidence of usage of PIPS
(b) your siguature on a legal agreement stating that you will not use any element of PIPS in the future nor pass on any part of PIPS in any form to any other person.

5.4 On receipt of the two elements referred to in clause 5.3, fulfilling the requirements of clause 5.2, New Vision will provide a full refund to you within 30 days of receipt of satisfactory information and completed legal form.
The provisions of this clause 5.4 do not affect your statutory rights.

6. LICENCE

6.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) that no documents or related graphics on this Website are modified in any way;
(b) that no graphics on this Website are used separately from accompanying text; and
(c) that any of our copyright and trade mark notices and this permission notice appear in all copies.

6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.4 Any rights not expressly granted in these terms are reserved.

7. SERVICE ACCESS

7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. VISITOR MATERIAL AND CONDUCT

8.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

8.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

8.3 You may not misuse the Website (including, without limitation, by hacking).

8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.

9. LINKS TO AND FROM OTHER WEBSITES

9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any New Vision trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

10. TRADEMARKS

10.1 Property Investment Profit System, PIPS, New Vision, buy-to-let-profits.com, property-investment-profits.co.uk, property-investment-profits.com and/or other New Vision services referenced in this e-book are either trademarks or registered trademarks of New Vision in the UK and/or other countries.

10.2 Other product and company names mentioned in this e-book may be the trademarks or registered trademarks of their respective owners.

11. COPYRIGHT

11.1 The right of New Vision to be identified as the Author of the Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, England.

11.2 All e-book design, text, graphics, spreadsheets, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material in this e-book are copyright New Vision or its content and technology providers.

11.3 All rights reserved worldwide. No part of this publication may be reproduced or transmitted in any form or by any means without the prior written permission of the publisher.

11.4 Any other use of materials in this e-book - including reproduction, modification, distribution, or republication - without the prior written permission of New Vision is strictly prohibited

11.5 Permission is granted to print a single hard copy version of this e-book solely for your own purpose.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

12.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provides you with this Website on the basis that we excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

12.3 New Vision recommends and advises you to take independent financial and legal advice regarding your own circumstances before entering into any property transactions or adopting any strategies referred to in PIPS. Past history shows us that property can go down as well as up in value.

12.4 New Vision has endeavoured to provide the highest quality information and advice, backed up by substantial experience and proven evidence from the marketplace. However, individual interpretation of information may vary, and individual circumstances, skills, abilities, knowledge and attitude play an important part in achieving a particular outcome. In addition, the future behaviour of the property market may not follow past experience, either nationally or locally. For this reason New Vision does not warrant, guarantee or promise that you will make a profit from any property transaction entered into, whether as a result of acting on information contained within PIPS or otherwise.

12.5 We strongly recommend that you continue to learn and research about the property investment market, specifically accessing current comment and observation on a regular basis. Do not rely on PIPS as your only information source.

12.6 Within PIPS there are references to, and comments about, other services and advice provided by other businesses and individuals. PIPS has not been authorised, sponsored, endorsed or approved by these businesses or individuals, except where specific reference is made to the sponsorship, endorsement or approval.

12.7 To the fullest extent permitted at law, PIPS and New Vision are providing this e-book, it's subsidiary elements and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this e-book or its contents including, without limitation, advice and recommendations, warranties of merchantability and fitness for a particular purpose. In addition, PIPS and New Vision do not represent or warrant that the information accessible via this e-book is accurate, complete or current.

12.8 To the fullest extent permitted at law, neither New Vision nor any of its affiliates, partners, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this e-book. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

13. LIABILITY

13.1 We, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group, associated or subsidiary companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

13.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION

14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.


14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15. MISCELLANEOUS

15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

© 2007 New Vision. All rights reserved world-wide. Ver 1.0