TERMS AND CONDITIONS
Properties Jointly
Welcome to Properties Jointly website www.propertiesjointly.com (hereinafter the “PJ platform”, “PJ website”, “PJ”), operated by Properties Jointly Limited incorporated in England and Wales and registered as a private limited company under number 10900749, whose registered office is at Tavistock House South, Tavistock Square, London WC1H 9LG, United Kingdom, or any its affiliate. In these Terms, “we”, “us”, “our” and “PJ” refers to Properties Jointly Limited or its relevant affiliate managing the PJ website. You acknowledge that PJ is not a registered broker-dealer, investment advisor or crowdfunding portal and does not engage in any conduct that would require such registration.
The PJ website is an intermediary technology platform that allows (A) visitors to access the publicly available content, services and products, (B) visitors to buy our online products (including events) available on the PJ website and sold via the WooCommerce platform, and (C) registered users being eligible investors to independently review and invest in private placement real estate offerings of PJ and our partners. Visitors and registered users are referred to herein individually as “User” and collectively as “Users”. In these Terms, “you” and “your” refers to users.
PJ is a real estate and investment group (operator and developer) and its principal position is to provide administrative and management services on behalf of investors and the SPVs in relation to the purchase, required professional and technical services, refurbishment and maintenance of real estate assets, planning and development related activities, rent reviews and tenant supervision, sale of properties and to co-ordinate and facilitate the payment and collection of rents and sums due under or in connection with the SPVs.
Thank you for wanting to engage with PJ. We ask that you take time to read these Terms and Conditions carefully (hereinafter the “Terms” or “Agreement”).
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
- ACCEPTANCE OF THIS AGREEMENT
By using or acquiring the PJ platform or PJ services/products, you agree to be bound by the terms of this Agreement, Legal Disclaimer, Privacy Policy, Cookie Policy, Refund and Returns Policy and to any additional rules, policies and guidelines that we post on the PJ website (hereinafter the “Regulation”). We may make changes to the Regulation from time to time and notify you of such changes by any reasonable means, including by posting the revised version of the relevant Regulation on the PJ platform, or by sending you an e-mail notification regarding any such changes. It is your responsibility to review the most recent version of the Regulation frequently and remain informed about any changes to it. We will also indicate at the top of the regulating document when it was last updated. Any revised version of the Regulation will be effective immediately when it is displayed on the PJ website. Your use of the PJ platform following changes to the Regulation will constitute your acceptance of those changes. The current version of the Regulation supersedes all earlier versions and comprises the entire agreement between you and us regarding the PJ website using. Please, be aware that if you do not agree to any provision of the Regulation or do not accept its terms, you must not access to the PJ platform and/or use PJ services/products.
The Regulation applies when you use any PJ services or acquire any PJ products, including any PJ internet services or other PJ-authorised internet services, online products, websites, mobile phone apps and/or software applications that enable you to use, access, view, listen to and/or download PJ content or to interact with PJ online (or through any other digital means) on any device. The Regulation does not apply to the transactions with securities and other investment interests in property projects accessible through the PJ website unless otherwise specified in the particular investment project documentation.
Electronic communications. By accessing or using the PJ website, you consent to receive communications through emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote PJ, products or projects listed on the PJ platform. Please note that any communications, including phone calls, may be monitored and recorded for quality control purposes. You can opt-out of certain communications by submitting a relevant request. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is user’s responsibility to turn on notifications, including but not limited to notifications from a third-party payment processing company.
- PJ WEBSITE USING
We grant you permission to use the PJ platform subject to the Regulation. Your use of the PJ website is at your own risk, including the risk that you might be exposed to content that is inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. You may use the PJ platform and can enter into binding contracts only if you are a consenting adult of legal age (at least 18 years old or older if local law defines a person of legal age as older than 18 years old).
By using the PJ platform, you agree to comply with laws applicable to the United States, United Kingdom and your home country, including laws that apply to data transferring. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with the responsibilities specified in the Regulation. PJ may, at any time in our sole discretion for any reason or no reason and without notice, refuse to provide any user with access to the PJ website; offer opportunities to some or all users.
The PJ website is not intended for any person who is a resident of a country where it would be prohibited or against local laws to provide the Information on the PJ platform. Any products/services described on the PJ website are only available to persons in jurisdictions in which PJ are permitted to market and sell such products/services.
2.1. Publicly available content.
Any visitor may access the publicly available content on the PJ website, including the online shop, without any registration. In some cases, you may be directed to subscribe to some marketing, educational and other materials without registration.
We may showcase our online shop products to shoppers looking for what we offer through Google’s free listings on the Google Shopping tab. In some countries, our products can also appear on Google Search, Google Images, and Gmail.
Our online shop products are available for direct purchase by you via the WooCommerce platform using WooPayment. We may also accept direct payments to our bank accounts, online payments in crypto currencies and payments via available payment processing platforms like PayPal, Stripe, Google Pay, Apply Pay and others which may appear on our payment gateway / cart from time to time depending on evolving new technologies.
By placing your order for any of our online shop products via PJ Website, you agree to be bound by the terms of the Refund and Returns Policy available at PJ website.
All content included in or made available through the PJ website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PJ or its content suppliers and is protected by the UK, United States and international copyright laws. The compilation of all content included in or made available through the PJ website is the exclusive property of PJ and is protected by the UK, U.S. and international copyright laws.
2.2. Registered access.
2.2.1. Under the current law regulation, access to investment opportunities is available only to eligible registered users specified in the Eligible Investors section below. Accordingly, if you would like to receive offers and detailed information about investment projects you can self-certify your investor status selecting one of the options while you get registered. If you identify yourself as an Eligible Investor, you may create an account and provide us with certain information about yourself (as applicable) (“Registration Data”). You may also choose to create an account and provide us the Registration Data for the purpose of purchasing our products in our online shop, receiving discounts and/or other benefits that we may offer you from time to time with respect to any purchase. On registering with the PJ website, you will obtain a confidential user ID and password (collectively, “Credentials”) for your individual use that must be used to access and use the PJ services/products. Only registered users may access the publicly unavailable content on the PJ website and services/products, except that our policies may allow to access our online shop and/or place orders for our online shop products without registration, provided a visitor placing such order will provide us the Registration Data and payment information sufficient for the fulfillment of the placed order.
2.2.2. You agree by registering: (i) to the Regulation; (ii) to provide true, accurate, current and complete Registration Data and payment information, (iii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (iv) for security reasons, to maintain the confidentiality of any Credentials obtained by you, (v) to not allow any other party to use your Credentials; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify us of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use; (viii) to confirm the investor category every 12 months, if applicable.
2.2.3. PJ is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if PJ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PJ may suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). Providing inaccurate or incomplete information may also result in cancellation of your order placed in our online shop via PJ website. By submitting your information through the PJ website for purposes of registration/ordering goods, you grant PJ a perpetual, irrevocable, royalty-free, non-exclusive, assignable, sublicensable, transferable, fully-paid, worldwide license to use, copy, modify, prepare derivative works, reproduce, reformat, translate, analyze, commercialize, syndicate, distribute, transmit, and display this information in connection with PJ’s sale of products or performance of the services for you.
2.3. Eligible Investors. The following categories of users to whom we can legally provide the information regarding investment opportunities can be registered on the PJ website with the investment purposes:
2.3.1. United States qualified investor (a “US qualified investor”) is a qualified purchaser as defined in Section 2(a)(51)(A) of the US Investment Company Act and an accredited investor within the meaning of the US Securities Act of 1933. If you do not meet at least one of the criteria of the US qualified purchaser or accredited investor below, then you should not continue your registration as the US qualified purchaser or accredited investor on the PJ website and should not access the publicly unavailable information on the PJ portal.
Qualified Purchaser Criteria:
- An individual or a family-owned business owning not less than $5 million in investments (excluding the value of the person’s primary residence); family-owned business shall not be formed solely for the purpose of investing in the securities offered, OR
- An investment trust sponsored and managed by qualified purchasers, not formed for the sole purpose of investing in the securities offered; OR
- An individual or entity owning not less than $25,000,000 in investments for their own accounts or on other’s behalf, not formed (an entity) for the sole purpose of investing in in the securities offered); OR
- A qualified institutional buyer.
Accredited Investor Criteria:
An US accredited investor, in the context of a US natural person, includes anyone who:
- earned income that exceeded $200,000 (or $300,000 together with a spouse or spousal equivalent) in each of the prior two years, and reasonably expects the same for the current year, OR
- has a net worth over $1 million, either alone or together with a spouse or spousal equivalent(excluding the value of the person’s primary residence) at the time of the sale of the securities (net worth = all assets (minus) all liabilities), OR
- holds in good standing a financial professional license of the General Securities Representative (Series 7 license), the Private Securities Offering Representative (Series 82 license) and the Licensed Investment Adviser Representative (Series 65 license). Whether one is considered in good standing is specific to the designation, and persons seeking accredited investor status as a Series 7, 65 or 82 license holder should consult FINRA rules and any state rules applicable to them, OR
- knowledgeable employees of certain private funds.
An US accredited investor, in the context of a US legal entity, includes:
- any bank or any savings and loan association or other institution as defined in sections 3(a)(2) and 3(a)(5)(A) of the Securities Act (US), OR
- any broker or dealer registered pursuant to section 15 of the Securities Exchange Act of 1934; any investment adviser registered pursuant to section 203 of the Investment Advisers Act of 1940or registered pursuant to the laws of a state;
- an investment adviser registered with the SEC, registered with a state, or is relying on an exemption from registering with the SEC under section 203(l) or (m) of the Advisers Act (US) OR
- any insurance company as defined in section 2(a)(13) of the Securities Act (US); any investment company registered under the Investment Company Act of 1940 (US) or a business development company as defined in section 2(a)(48) of that act; A private business development company as defined in Section 202(a)(22) of the Advisers Act; any Small Business Investment Company licensed by the U.S. Small Business Administration under section 301(c) or (d) of the Small Business Investment Act of 1958; rural business investment companies, as defined in Section 384A of the Consolidated Farm and Rural Development Act (US), OR
- any trust/ family office, with total assetsin excess of $5 million, not formed specifically to purchase the subject securities, whose purchase is directed by a sophisticated person (a person who has such knowledge and experience in financial and business matters that such family office is capable of evaluating the merits and risks of the prospective investment), OR
- any organization with total investmentsin excess of $5 million, not formed to specifically purchase the subject securities, OR
- any entity in which all of the equity owners are accredited investors.
2.3.2. United Kingdom qualified investor (a “UK qualified investor”) for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 is one of the following persons/entities: (A) UK authorized institutional investors, professional financial advisers and intermediaries (Investment Professionals), and (B) High Net Worth Companies, Trusts, Partnerships or Associations, and (C) Certified High Net Worth individuals, and (D) Certified Sophisticated Investors, – as defined below.
(A) Investment Professional is a person/entity qualified within at least one of the below categories:
(a) an authorized person;
(b) an exempt person where the communication relates to a controlled activity which is a regulated activity in relation to which the person is exempt;
(c) any other person (i) whose ordinary activities involve him in carrying on the controlled activity to which the communication relates for the purpose of a business carried on by him; or (ii) who it is reasonable to expect will carry on such activity for the purposes of a business carried on by him;
(d) a government, local authority (whether in the United Kingdom or elsewhere) or an international organization;
(e) a person (“A”) who is a director, office or employee of a person (“B”) falling within any of sub-paragraphs (a) to (d) of this section where the communication is made to A in that capacity and where A’s responsibilities when acting in that capacity involve him in the carrying on by B of controlled activities.
(B) High Net Worth Company, Trust, Partnership or Association is a person/entity qualified within at least one of the below categories:
(a) any body corporate which has a called-up share capital or net assets of—
(i) in the case of a body corporate which has more than 20 members or which is a subsidiary undertaking of a parent undertaking which has more than 20 members, not less than £500,000;
(ii) in the case of any other body corporate, not less than £5 million;
(b) any unincorporated association or partnership which has net assets of not less than £5 million;
(c) the trustee of a high value trust;
(d) any person (“A”) whilst acting in the capacity of director, officer or employee of a person (“B”) falling within any of sub-paragraphs (a) to (c), where A’s responsibilities, when acting in that capacity, involve him in B’s participation in unregulated schemes;
(e) any person to whom the communication might otherwise lawfully be made.
No opportunity to participate in any investment transaction will be made in any jurisdiction in which such an opportunity is not authorized, or to any person to whom it is unlawful to provide such an opportunity to participate.
(C) Certified High Net Worth individual is a person to whom at least one of the following applies:
- An individual had, during the financial year immediately preceding the date of signing the relevant registration statement, an annual income to the value of £100,000 or more.
- An individual held, throughout the financial year immediately preceding the date of signing the relevant registration statement, net assets to the value of £250,000 or more. Net assets for these purposes do not include –
- the property which is the individual’s primary residence or any loan secured on that residence;
- any rights of an individual under a qualifying contract of insurance within the meaning of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
- any benefits (in the form of pensions or otherwise) which are payable on the termination of individual’s service or on individual’s death or retirement and to which an individual is (or individual’s dependents are), or may be entitled; or
- any withdrawals from pension savings (except where the withdrawals are used directly for income in retirement).
(D) Certified Sophisticated Investor is a person to whom at least one of the following applies:
- An individual is a member of a network or syndicate of business angels and has been so for at least the last six months prior to the date of signing the relevant registration statement.
- An individual made more than one investment in an unlisted company in the last two years prior to the date of signing the relevant registration statement.
- An individual is working, or has worked in the last two years prior to the date of signing the relevant registration statement, in a professional capacity in the private equity sector, or in the provision of finance for small and medium enterprises.
- An individual is currently or has been in the last two years prior to the date of signing the relevant registration statement, a director of a company with an annual turnover of at least £1 million.
2.3.3. Non-United States and Non-United Kingdom investor (a “Non-US and non-UK investor”) is a person/ entity who has little or no connection with the US or UK and prefer to keep it that way, including:
- Not US person (a US person definition is specified below).
- Not UK resident.
3) Any partnership or corporation if:
(A) Organized or incorporated under the laws of any foreign jurisdiction (rather than in the US or UK); and
(B) Formed by a non-US person/ non-UK resident.
3) Any partnership or corporation if:
(A) Organized or incorporated under the laws of any foreign jurisdiction (rather than in the US or UK); and
(B) Formed by a U.S. accredited investors who are not natural persons, estates or trusts.
“U.S. person” means:
(i) Any natural person resident in the United States;
(ii) Any partnership or corporation organized or incorporated under the laws of the United States;
(iii) Any estate of which any executor or administrator is a U.S. person;
(iv) Any trust of which any trustee is a U.S. person;
(v) Any agency or branch of a foreign entity located in the United States;
(vi) Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
(vii) Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and
(viii) Any partnership or corporation if:
(A) Organized or incorporated under the laws of any foreign jurisdiction; and
(B) Formed by a U.S. person principally for the purpose of investing in securities not registered under the Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in § 230.501(a)) who are not natural persons, estates or trusts.
2.3.4. U.S. sophisticated investor (a “US sophisticated investor”) is an U.S. person (as defined above) who is not a U.S. accredited investor nor a non-US investor and who has sufficient knowledge and experience in financial and business matters to enable this investor to evaluate the merits and risks of investor’s prospective investment, or who has retained an attorney, accountant, financial advisor or consultant as investor’s purchaser representative.
2.4. Verification of the qualified investor. In some case, in compliance with the applicable law we are obliged to verify each investor’s status as a qualified investor. In this regard, you agree that you shall comply with such verification, anti-money laundering and other checks that we may require from time to time. In particular, we may seek identification for qualifying investors and information regarding the sources of funds being provided by the investor for investments which PJ in its sole discretion considers to be substantial.
2.5. Content. The PJ website hosts content submitted by its partners (including text, images, photos, audio, video and other forms of data or communication) and, therefore, since PJ has no control over its partners’ services/ products and does not verify the content submitted by its partners, PJ is not responsible for the accuracy, timeliness or completeness of such content. Content available on the PJ platform does not necessarily reflect our opinion(s). PJ may, at any time at our sole discretion for any reason or no reason and without notice, modify or discontinue all or part of the PJ website; remove, screen, edit or reinstate any content.
The PJ platform may contain links to third-party websites, plug-ins and applications (collectively, hereinafter “Links”). Clicking Links may allow third parties to collect or share data about you. We do not control these third-party sites or applications, and are not responsible for their privacy statements, policies, or terms. When you leave the PJ website, we encourage you to read the privacy notices, policies, and terms of every other website which you visit. Links may or may not have our authorization, and we may block any Links to or from the PJ platform. Your use of third-party Links is at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Links. PJ Privacy Policy is an integral part of the Regulation and published on the PJ platform.
Payment and transaction processing, as well as collection of any sensitive and financial personal information from you, is conducted over a secure processing server. We use WooPayments to process your transactions. Please refer to our Privacy Policy for further information regarding our collection and use of your sensitive personal information. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.We, along with our corporate affiliates, own all of the text, images, software, trademarks, service marks and other material contained on the PJ platform except partners’ content. You shall not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the PJ website must appear on all copies you print. Other non-PJ product, service, or company designations on the PJ platform belong to those respective third parties and may be mentioned on the PJ website for identification purposes only. The user should contact the appropriate third party for more complete information regarding such designations and their registration status. The user’s use of and access to the PJ website does not grant the user any license or right to use any of the marks included on the PJ platform.
In addition to the original English version, the PJ website use the embodied third-party translation software and, therefore, since PJ has no control over this software and does not verify the content automatically generated by this software, PJ is not responsible for the accuracy or completeness of the PJ website content in languages different from English.
- INDEMNITY
You agree to indemnify, defend, and hold harmless PJ, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and their respective officers, managers, employees, representatives and contractors from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of, or in any way relating to your access to or use of the PJ website, your violation of the Regulation, any products or services purchased or obtained by you in connection with the PJ platform and its online shop, or your breach of any applicable law. 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 with our defense of these claims. You agree not to settle any such matter without the prior written consent of PJ. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMERS; LIMITATIONS OF LIABILITY
4.1. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF PJ TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE PJ PLATFORM, OR ONLINE SHOP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
4.2 THE PJ WEBSITE AND ALL PRODUCTS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE PJ PLATFORM AND ONLINE SHOP ARE PROVIDED TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM – TO THE FULLEST EXTENT PERMISSIBLE – WITH RESPECT TO THE PJ PLATFORM, ONLINE SHOP, THEIR CONTENT AND ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PJ WEBSITE, ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, SECURITY, RELIABILITY, TIMELINESS AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
4.3 YOU UNDERSTAND AND AGREE THAT WE (TOGETHER WITH OUR OFFICERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES, AND SUCCESSORS) SHALL NOT BE HELD RESPONSIBLE IN ANY WAY, TO THE EXTENT PERMITTED BY LAW, FOR THE OUTCOME OF YOUR USE OF ANY SERVICES/ PRODUCTS/ PROJECTS PROMOTED ON THE PJ WEBSITE OR RESULTING FROM ADVERTISEMENTS POSTED ON THE PJ PLATFORM, FOR ANY LOSS OR DAMAGES TO YOUR DEVICE AS A RESULT OF YOUR ACCESS TO THE PJ WEBSITE, ONLINE SHOP, YOUR DOWNLOADING OF ANY CONTENT FROM THE PJ PLATFORM OR ONLINE SHOP, YOUR USE OF OUR PRODUCTS AND SERVICES, OR ANY LOSS, CLAIM, ACT OF GOD, ACCIDENT, OR DELAY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST SAVINGS, GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PJ PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) IN CONNECTION WITH THE PJ WEBSITE.
4.4 We are under no obligation to enforce this Agreement on your behalf against another user or third party. While we encourage you to let us know if you believe another user has violated this Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
4.5 YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PJ WEBSITE IS TO STOP USING THE PJ PLATFORM. In case of dissatisfaction with our products purchased through the online shop at the PJ website, your rights/remedies are regulated by our Refund and Returns Policy available at the PJ website.
4.6 IF THE LIMITATIONS ABOVE MAY NOT APPLY OR APPLY ONLY PARTIALLY TO YOU IN THE RELEVANT JURISDICTION, OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE LESSER OF (i) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN CONNECTION WITH THE PJ WEBSITE IN THE 12 MONTHS PERIOD PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.00.
- ARBITRATION, DISPUTES, AND CHOICE OF LAW
5.1 By accepting these Terms, you and PJ expressly waive the right to trial by jury and the ability to participate in a class action, unless you and PJ agree otherwise in writing.
5.2 ANY CLAIM (EXCEPT FOR SMALLER CONSUMER CLAIMS) OR DISPUTE YOU AND PJ MAY HAVE IN RELATION TO THE PJ PLATFORM MUST BE RESOLVED THROUGH NEGOTIATION OR ARBITRATION ON AN INDIVIDUAL BASIS.
5.3 Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in New York City before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
5.4 You and PJ shall attempt in good faith to resolve any dispute arising out of or relating to these Terms or other Regulation promptly by negotiation between the parties. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (A) a statement of each party’s position and a summary of arguments supporting that position, and (B) the name and title of the party’s representative/s. Within 30 days after delivery of the notice, the representatives of both parties shall meet at a mutually acceptable time and place.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting, unless the negotiating parties agreed otherwise.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the first meeting shall either side initiate an arbitration or litigation related to these Terms except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this clause relating to negotiation.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
5.5 Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent and impartial arbitrators.
The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.
5.6 The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
5.7 This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
5.8 In any arbitration arising out of or related to this Agreement, the arbitrators shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrators determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
5.9 Smaller consumer claims in the amount of $100.00 or less, regarding the purchase of products at our online store shall be initially resolved through the official complaints procedure. You may send your complaint to our Customer Support Service via ”Contact Us” page on our website https://propertiesjointly.com/contacts/. We will respond to your complaint within 45 calendar days. If not satisfied with our response and the proposed complaint resolution, you may bring a claim against us. Any such dispute or claim will be adjudicated in the state or federal courts in New York County, state of New York, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial with respect to any such claim.
- TERMINATION
6.1 You may terminate this Agreement at any time by closing your account, discontinuing any access to or use of the PJ platform, and providing us with a notice of termination by email.
6.2 We may close your account, suspend your ability to use certain portions of the PJ website, online shop, terminate any license or permission granted to you hereunder, and/or ban you altogether from the PJ platform for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the PJ website, or any other related information.
- ADA COMPLIANCE, DISABILITIES, ACCESSIBILITY
We attempt to make the PJ platform accessible to all individuals. If you use special adaptive equipment and encounter problems when using the PJ website, please report them via email. We will let you know if the information is available in an alternate format. We strive to meet World Wide Web Consortium (W3C) Recommendations and other web industry standards, specifically conforming to HTML 5, CSS Level 3, WAI-ARIA, and the U.S. Access Board’s Section 508 guidelines. We are committed to making the PJ platform available to as many people as possible and make every effort to ensure its communications are accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments.
- MISCELLANEOUS
8.1 This Agreement is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
8.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and PJ is intended or created by this Agreement.
8.3 This Agreement, all rights herein, and all incorporated agreements may be automatically assigned by us, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of PJ’s assets, or similar transaction. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
8.4 No failure or delay by a party to exercise any right or remedy set out in this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
8.5 If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and us nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
8.6 Regardless of any statute or law to the contrary, any claim, small claim or cause of action arising out of or related to use of the PJ platform, PJ online shop or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
8.7 If you have a question or a complaint regarding PJ, or if you believe that your intellectual property rights are being infringed, please feel free to contact us via “Contact Us” page on our website https://propertiesjointly.com/contacts/. Electronic communications are not necessarily secure, so please do not include sensitive information in any message to us.
Thank you for using PJ platform!
All materials © Properties Jointly Limited, unless otherwise noted. All rights reserved.
Last updated: May 15, 2024
