Welcome to Better Property Investment.com (this 'Website').

Better Property Investment is the trading name of Vicaw Limited. Vicaw Limited ('Vicaw'), registered in England and Wales with company number 05631276 whose registered office is Fairview House, Solihull, B91 1BS owns and operates this Website. For the purposes of these Terms and Conditions 'We', 'Our' and 'Us' refer to Vicaw. Please review these Terms and Conditions carefully before using this Website.

By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between Vicaw and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.

These Terms and Conditions apply to the services available from www.vicaw.com and any of its current or future sub-domains (the "Services"). We reserve the right to change these Terms and Conditions from time to time. Any such changes will be displayed on this Website. Your continued use of this Website following such changes will be deemed to be your acceptance of such amended Terms and Conditions. If you do not accept any such changes, you should stop using this Website.

Any further product specific Terms and Conditions are documented in the relevant product pages. They apply specifically to those products and services and form an integral part of the Terms and Conditions of use of Vicaw, its website and services provided.

Save as provided elsewhere in these Terms and Conditions or as expressly agreed otherwise, any personal information you supply to Us when you use this Website will be used in accordance with Our Privacy Policy.

All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code and any other information provided to you in the course of the receipt of any Services, are owned or licensed directly by Us. Without Our prior written permission, you may not copy, reproduce, reverse engineer, modify, create derivative works from, publish, transmit, distribute, or otherwise publicly display, or sell or transfer any material on this Website or the underlying software code or any other information provided to you in the course of the receipt of any Services, whether in whole or in part. However, a single copy of the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

If you breach any of these Terms and Conditions, your permission to use the materials on this Website and any other information provided to you in the course of the receipt of any Services, automatically ceases and you must immediately destroy any copies you have made.

This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk.

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:

· The material on this Website is only for information purposes and is provided on an "as is" and "as available" basis without representation or endorsement of any kind and is obtained at your own risk. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither Vicaw nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

· Vicaw will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Vicaw's control. Vicaw makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.

· The material on this Website may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.

We have no control over, do not guarantee, and you will not hold Us responsible for:

· viewings or management of properties;

· the quality, safety or legality of items advertised;

· the truth or accuracy of listings;

· the truth or accuracy of feedback or other content posted by users on this Website;

· the ability of users to vend or pay for items; or

· whether a user will actually complete a transaction.

· You should not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on this Website.

You accept sole responsibility for the legality of your actions under laws applying to you in connection with your use of this Website and/or the receipt of any Services.

Vicaw cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on this Website.

While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this Website, or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third-party material is published by Vicaw in good faith. Vicaw does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Vicaw specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Vicaw takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and Vicaw will have no liability to you in respect of the same.

You agree that Vicaw has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Vicaw or of any third party.

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Vicaw trusts that all its landlords are honest and genuine. However, Vicaw reserves the right to stop, cancel, remove or limit adverts which Vicaw considers in its absolute discretion to be disingenuous dishonest or fraudulent.

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Vicaw in good faith. Vicaw does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Vicaw specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Vicaw takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and Vicaw will have no liability to you in respect of the same.

You agree that Vicaw has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Vicaw or of any third party.

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Additional terms for Landlords advertising properties on this Website

It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any mis-descriptions that have been provided by you.

If you are a landlord, you may not upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.

Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 100 words.

New assured shorthold tenancies (ASTs) tenant fees as from 1 June 2019.

Holding Deposit: One week’s rent. (This is to reserve a property. Please Note: This will be withheld if any relevant person (including any guarantor(s)) withdraw from the tenancy, fail a Right-to-Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement (and/or Deed of Guarantee) within 15 calendar days (or other Deadline for Agreement as mutually agreed in writing).

Security Deposit (per tenancy. Rent under £50,000 per year): Five weeks’ rent. (This covers damages or defaults on the part of the tenant during the tenancy)

Security Deposit (per tenancy. Rent of £50,000 or over per year): Six weeks’ rent. (This covers damages or defaults on the part of the tenant during the tenancy)

Unpaid Rent: Interest at 3% above the Bank of England Base Rate from Rent Due Date until paid in order to pursue non-payment of rent. Please Note: This will not be levied until the rent is more than 14 days in arrears.

Lost Key(s) or other Security Device(s): Tenants are liable to the actual cost of replacing any lost key(s) or other security device(s). If the loss results in locks needing to be changed, the actual costs of a locksmith, new lock and replacement keys for the tenant, landlord any other persons requiring keys will be charged to the tenant. If extra costs are incurred there will be a charge of £15 per hour (inc. VAT) for the time taken replacing lost key(s) or other security device(s).

Variation of Contract £50 (inc. VAT) per agreed variation. (To cover the costs associated with taking landlord’s instructions as well as the preparation and execution of new legal documents)

Change of Sharer £50 (inc. VAT) per replacement tenant or any reasonable costs incurred if higher. (To cover the costs associated with taking landlord’s instructions, new tenant referencing and Right-to-Rent checks, deposit registration as well as the preparation and execution of new legal documents.

Early Termination: Should the tenant wish to leave their contract early, they shall be liable to the landlord’s costs in re-letting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.

Redress scheme: The Property Redress Scheme (PRS) - registration number  PRS010129 

Costs of service

Full agency pricing is available upon application.

Any dispute that arises between a landlord and tenant who have used Our service will be resolved solely by the landlord and tenant. We are not responsible and shall have no liability for any disagreements or disputes that may arise throughout a tenancy term.

In the case of deposits held under a tenancy deposit scheme, if We have collected the deposit on behalf of a landlord, We are deemed to have acted as ‘stakeholder’ so that in the event of any dispute, Vicaw will take only such reasonable and appropriate action as may be determined by the relevant dispute resolution service in relation to the dispute.

You accept sole responsibility for the legality of your actions under laws applying to you and your property and the legality of any items you list on this Website. In particular (but without limitation), save where Vicaw has expressly agreed to provide the same as part of any Services subscribed for and separately paid for by you, it is your responsibility to ensure that all of the following are adhered to in relation to your properties:

· Where applicable, a current landlords' electrical safety certificate is in place

· Current landlord's gas safety certificate is in place

· Where applicable the landlord must have permission from the mortgage lender to let out his/her property

· Adequate insurance is in place to cover all eventualities

· All furnishings within the landlords' property pass Fire Safety Regulations 1998

· All tax that is due from rental income is declared to the Inland Revenue no matter if the landlord is resident in the UK or overseas

· Where applicable standing order payments are arranged by the landlord to allow for rental payments by the tenant

· Where applicable a rent book is given to the tenant to register weekly rental payments

· All utility bills are transferred into the current tenants' name

· Council tax payments are made by the current tenant

· The tenant(s) deposit has been placed in a suitable tenancy deposit scheme, or the landlord holds the tenant(s) deposit and has ensured the tenant(s) deposit via a suitable tenancy deposit scheme

· A suitable energy certificate (EPC) is obtained and a copy provided to Us within seven days of listing a property on the Website. If We do not receive a completed EPC within a further 21 days of listing or if it is not shown here: www.epcregister.com, We reserve the right to remove any property listed.

As pert of AML policy we do not currently accept monies that are transferred from international bank accounts and cannot transfer funds overseas. 

If We are instructed to collect the tenancy deposit monies and register them with one of the Government approved Tenancy Deposit Schemes; This instruction is irrevocable and cannot be amended. For the avoidance of doubt, should deposit monies have been received, We will refund such monies back to the tenant(s), if the tenancy does not commence and provided We have not already registered the deposit. If the deposit has been registered by Us, then it will be held by Us as stakeholder in Our ring-fenced client account subject to the terms of the tenancy agreement.

Deposit monies will always be returned to the lead tenant.

Interest from the Customers' tenants deposits and on any balance held on the rent client account from time to time will be retained by Vicaw.

Our provision of any Services is subject to your payment of the Fees in accordance with these Terms and Conditions and the Fees and specific Product Terms and Conditions that may apply.

Please refer to the specific terms and conditions in relation to Our property management services.

You hereby grant to Vicaw and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content (images, copy, reviews) in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

These Terms and Conditions, any product specific Terms and Conditions as specified on the relevant Product pages and the Privacy Policy and any relevant Services Description contain all the terms of your agreement with Us relating to your use of this Website and any Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated.

Vicaw may at any time and without liability modify, suspend or discontinue this Website (or any part thereof), with or without notice, for any technical, operational or commercial reasons.

This Website is controlled by Vicaw from its premises in the UK. Vicaw makes no suggestion that this Website is suitable or accessible for use in other places, and access to it from territories where its substance is illegal is prohibited. Those who choose to access this Website from other places are responsible for observance with relevant local laws and do so on their own initiative. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.

These Terms and Conditions and your use of this Website will be governed by and construed in accordance with English law. You and Vicaw agree to submit to the exclusive jurisdiction of the English Courts.

Our Ethical Policy 

We are committed to providing the highest standard of advice and service possible. The interest of our customers is paramount to us and to achieve this we have designed our systems and procedures to place you at the heart of our business. In doing so, we will:

• be open, honest and  transparent in the way we deal with you;
• not place our interests  above yours;
• communicate clearly, promptly  and without jargon;
• seek your views and  perception of our dealings with you to ensure it meets your expectations or to identify any improvements required.

Instructions

We prefer our clients to give us instructions in writing, to aid clarification and avoid future misunderstandings. We will, however, accept oral instructions provided they are confirmed in writing. 

If you have a complaint, please raise it immediately with your local representative. For details of our complaints procedure can be found here.

A Redress Scheme is a scheme which allows consumers to escalate a complaint they have against the member of the scheme. The main purpose of a redress scheme is to resolve or settle unresolved complaints from consumers who have suffered a loss as a result of the actions of the member. It is a legal requirement for letting agents to join a Property Redress Scheme for the benefit of their clients, typically tenants and landlords. Better Property Investment is a registered member of The Property Redress Scheme (PRS) which is an independent third party  to resolve consumer disputes against PRS members. Details of our membership can be found here.

All complaints should be addressed to your property manager in writing before contacting PRS.

It is a legal requirement for letting agents to join a Client Money Protection Scheme for the benefit of their clients, typically tenants and landlords, in order to safeguard money they hold on their clients’ behalf. In the event that the owners of the business steal or misappropriate any of this money there is a route of redress against the letting agent by contacting the Scheme and claiming against the Scheme. If a genuine claim is accepted by the Scheme, the Scheme will recompense the landlord or tenant and seek recovery from the letting agent or its owners.

Vicaw Limited has  Client Money Protection with Propertymark CMP . The Rules are available from Propertymark. CMP Leaflet gives guidance about the scheme. Copies of the Better Property Investment Client Money Protection Certificate and Property Redress Scheme certificate can be downloaded here.

A Client Money Protection scheme does not act on behalf of the letting agent. It is an independent membership body that provides the protection of client money whilst held by its members and the Scheme insures its liability for the payment of any claims.

Vicaw Limited is committed to ensuring adequate controls and measures are in place to counter money laundering and terrorist financing activities, in accordance with the Money Laundering Regulations. For full details of our AML Policy please contact us.

If you have any questions or queries regarding any of the Services or products featured please contact us.