LAST UPDATED: April 2022
1.1 These are the terms and conditions (the “Subscription Terms”) upon which we provide Any House Any City subscription. Please read these Terms carefully before you submit your order to us.
1.2 References to “you” and the “Subscriber” in these Terms refer to the Subscriber who has placed the order or the recipient of the Any House Any City Subscription (if different).
1.3 When we use the words “writing” or “written” in these terms, this includes emails.
1.4 The capitalised words in these Terms are defined within the Sections. You may refer to the Glossary at the end of these Terms for a comprehensive list of all the defined terms and their meanings.
2.1 Any House Any City supplies subscribers with property investment leads visits website www.anyhouseanycity.com.
2.2 Any House Any City(“AHAC”)is the trading name of Great Business Platforms Limited a company registered in England and Wales with company registration number is 08660704 whose registered office is at70 The Avenue, St. Pauls Cray, Orpington, Kent, BR5 3DJ.
- about Property Investment
3.1 You should note that:
(a) property investment involves risk, and the value of your investment may fluctuate over time leading to either a gain or loss of money; and
(b) Past performance of the real estate market is not a guarantee of future return nor is it necessarily indicative of future performance.
3.2 The availability of the Property Content on the AHAC website does not constitute a recommendation to invest in any such property. It is very important that you do your own analysis based on your personal circumstances and take independent financial advice from a professional before making any property investments.
3.3 If something goes wrong AHAC’s responsibility to you is limited and you may not recover all your loss or damages (if any) from us.
- about AHAC subscription
4.1 AHACSubscription grants Subscribers access to a directory of property investment leads from around the world (the “Property Content”). The PropertyContent includes(1) a photo of the property,(2) an indication of the asking price and (2) the geographical location of the property only.
4.2 Subscribers wishing to follow up property listings, must purchase the follow-up data separately from AHAC (the “Property Lead”). The Property Lead shall include, as a minimum, contact details for the property listing. Please note the Property Lead may not necessarily be the property owner of the property.The sale of Property Leads is governed by the Property Leads Terms and Conditions available on the AHAC website.
4.3 By subscribing to AHAC you:
(a) Acknowledge that AHAC Subscription is only available to business entities;
(b) Confirm that you do not subscribe in the capacity of a consumer and that you intend to utilise the Property Content and/or Property Leads in a business, trade or professional capacity;
(c) Confirm that you are at least 18 years of age and have full mental and legal capacity to enter in this Subscription Agreement and to engage with AHAC independently;
(d) Confirm that all information supplied by you is true, authentic, and correct. If you supply incorrect, fraudulent, or misleading information, AHAC may cancel or suspend your AHAC Subscription;
(e) Acknowledge that although AHAC may use reasonable skill and care in the supply of the Property Content and the Property Leads, occasionally unintended results may occur including loss of investment by Subscribers; and
(f) Acknowledge that AHAC does not guarantee a minimum quality or quantity of Property Content and Property Leads.
4.4 Please refer to Section8 (Our Liability to You) for information about our responsibility and liability to you if something goes wrong.
4.5 Neither party shall breach this Subscription Agreement by reason of any delay or failure in performance resulting from a Force Majeure.
- about this agreement
5.1 The Subscription Agreement, between AHAC and the Subscriber, commences on the earlier of (1) AHAC issuing a Subscription confirmation email to the Subscriber or (2) AHAC supplying the Property Content to the Subscriber (whichever occurs first) whereupon AHAC and the Subscriber shall be deemed to have entered into a legally binding Subscription Agreement on the Subscription Terms set out herein and the Property Leads Terms and Conditions where applicable.
5.2 AHAC reserves the right to reject any Subscription Web form and/or refuse to provide Property Content to a third party at its absolute discretion, including where it believes the party is a consumer (not acting in a business capacity), is a competitor, or otherwise acting in bad faith.
5.3 Unless terminated earlier, the Subscription Agreement shall commence in accordance with section 5.1 and shall continue for the Minimum Term after which the Subscription Agreement shall automatically renew for successive periods of 12 months subject to payment of all applicable fees.
5.4 The Subscription Agreement is made up of the following documents: (1) the Subscription Web form, (2) these Subscription Terms and (3) the Property Leads Terms and Conditions to which the Subscriber is subject which, together, shall constitute the entire agreement between the parties to the exclusion of all previous terms and conditions and all other terms and conditions. Each party acknowledges that, in entering into this Subscription Agreement, it does not rely on anything that is not set out in the Subscription Webform, these Subscription Terms and the Property Leads Terms and Conditions.
5.5 In the event of any conflict between these Subscription Terms and the Property Leads Terms and Conditions, these Subscription Terms shall prevail save where the subject matter relates to a Property Lead whereupon the Property Leads Terms and Conditions shall prevail.
5.6 Any third party, purporting to act as agent for or on behalf of a prospective Subscriber, contracting with AHAC for the provision of the Property Content warrants and represents that it has the full and valid authority of that prospective Subscriber to bind it and to the extent that:
(a) that third party exceeds its authority; and/or
(b) the prospective Subscriber refuses to such pay any fees or charges,
that third party shall be liable, on an indemnity basis, for all fees and any other charges due hereunder.
5.7 AHAC may vary the Subscription Terms from time to time at its absolute discretion and the Subscriber shall be notified of any such variations where necessary. Any changes will be posted on the AHAC website with updated version date at the start of the revised terms and conditions.
- PROPERTY content and property Leads
6.1 AHAC shall use reasonable skill and care in the verification and supply of the Property Content and the Property Leads, however, occasionally unintended results may occur which are beyond the control of AHAC.
6.2 AHAC does not guarantee the quality or quantity of the Property Content it provides to Subscribers. No refunds or credits will be given by AHAC for failure to provide a certain volume of Property Content.
- SUBSCRIPTION FEE and payment
7.1 The Subscriber shall pay the Subscription Fee for the AHAC Subscription.
7.2 The Subscription Fee shall be payable by the Subscriber via one lump sum payment when the Subscriber submits the Subscription Web form to AHAC. Payment of the Subscription Fee shall be effected online via a recognised epayment platform.
7.3 A Force Majeure event shall not relieve the Subscriber of its payment obligations under this Subscription Agreement and no refunds of the Subscription Fees paid in advance shall be payable because of a Force Majeure event.
7.4 If the Subscriber fails to pay any amount due to AHAC by the due date for payment, then AHAC reserves the right to charge interest on any outstanding amounts at the rate of 4% per annum above HSBC Bank Plc’s base lending rate in force from time to time (or if the rate is zero or below,4%) or such higher amount as may be permitted by statute from the due date until settlement of the outstanding sums or discharge of the debt; and
7.5 Without prejudice to any other right or remedy available to AHAC, AHAC shall be entitled to terminate the Subscription Agreement or suspend access to the Property Content until payment of all outstanding Subscription Fees and any associated charges is made in full.
7.6 AHAC reserves the right to vary its Subscription Fees and any structure of charges in place from time to time subject to providing 30 calendar days’ advance written notice to the Subscriber. Any Property Content provided after changes have taken effect will be subject to the new subscription fees and/or charging structure.
- Our liability to you
8.1 Nothing in this Subscription Agreement shall exclude or limit either party’s liability for:
(a) death or personal injury caused by that party’s negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by law.
8.2 AHAC shall only be liable for direct losses arising out of or in connection with this Subscription Agreement only and it shall not be liable to the Subscriber by way of indemnity, breach of our contract or of statutory duty or by reason of tort (including but not limited to negligence) or otherwise for loss of income, loss of revenue, loss of savings, loss of capital, loss of profit, loss of use, loss of production, loss of contract, wasted expenditure or for any indirect or consequential damage whatsoever that may be suffered by the Subscriber.
8.3 In addition to section 8.2 above, AHAC’s total liability to the Subscriber by way of indemnity, breach of contract or of statutory duty or by reason of tort(including but not limited to negligence) or otherwise arising out of or in connection with this Subscription Agreement shall be limited to the aggregate value of the subscription fees (excluding VAT) paid by the Subscriber in the 3 months immediately preceding the month in which the Subscriber incurred the loss resulting in liability of AHAC. This liability may be further limited by any relevant provisions in the Property Leads Terms and Conditions to the extent it relates to a Property Lead.
8.4 AHAC shall not be liable for any liability caused by:
(a) any breach of this Subscription Agreement by the Subscriber; or
(b) the Subscriber using, altering, or manipulating any data provided by AHAC.
8.5 The Subscriber agrees that this section 8 is fair and reasonable.
9.1 The Subscriber may end the Subscription Agreement on at least one month’s advance notice to AHAC of the intention to terminate, such notice to expire at the end of the next calendar month.
For example, a Subscriber may serve notice to terminate on 21 June 2022 but that notice shall not take effect until 31 July 2022 (being the last day of the calendar month following service of the notice).
9.2 Either party may end the Subscription Agreement immediately by giving written notice to the other party if the other party commits a material breach of this Subscription Agreement.
9.3 Without limiting its other rights, AHAC may (at its sole discretion) immediately suspend access to the Property Content if the Subscriber breaches the Subscription Agreement and fails to rectify that breach immediately (if rectifiable) following receipt of notice from AHAC requesting it to do so.
9.4 On termination of this Subscription Agreement for whatever reason:
(a) all Subscriptions Fees and any other sums due from the Subscriber to AHAC shall immediately become payable and the Subscriber shall immediately pay AHAC such sums in full;
(b) the Subscriber’s access to the Property Content and all other data generated in connection with the Subscriber’s use of the Property Content shall cease;
(c) any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Subscription Agreement, which existed at or before the date of termination shall not be affected; and
(d) any provision of this Subscription Agreement which is expressed as surviving this Subscription Agreement or which is required to survive the Subscription Agreement to give effect to it shall survive termination.
9.5 Provided termination is not effected for Subscriber default under section9.2, AHAC shall refund to the Subscriber any sums paid in advance for access to the Property Content which will not be provided. AHAC shall refund such sums (if any) as soon as reasonably possible from the end of this Subscription Agreement.
11.1 Nothing in these Terms is intended to establish an exclusive arrangement between the Subscriber and AHAC (or any Group Companies) nor any partnership or appoint either party the agent of the other. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
11.2 AHAC may at any time transfer any or all of its rights and/or obligations under this Subscription Agreement to third party. AHAC shall update the Subscriber if this ha ppens. This includes assigning, transferring, charging, subcontracting, declaring a trust over or dealing in any other manner with any or all its rights and/or obligations under this Subscription Agreement.The Subscriber shall not assign, transfer, subcontract, declare a trust over or deal in any other manner with any or allofits rights and/or obligations under this Subscription Agreement without AHAC’s prior written consent.
11.3 These Terms and all the documents referred to it constitutes the entire agreement between AHAC and the Subscriber regarding access to the Property Content and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter
11.4 A failure or delay by AHAC to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this or by law shall prevent or restrict the further exercise of that or any other right or remedy by AHAC.
11.5 If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforce ability of the rest of these Terms.
11.6 Any notice given to party under or in connection with this Subscription Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office or by email to its nominated email address or AHAC website web form. Any notice will be deemed to have been received (i) if delivered by hand, on signature of a delivery receipt, (ii) if sent by pre-paid first-class post or other next working day delivery service, on the second business days after posting or at the time recorded by the delivery service, or (iii) if sent by email, at the time of transmission. This section does not apply to the service of any proceedings or other documents in any legal action or other method of dispute resolution.
11.7 Except for the Group Companies (who may enforce relevant provisions of this Subscription Agreement), a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Subscription Agreement.
11.8 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
11.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Subscription Agreement or its subject matter or formation.
Has the definition ascribed to it in Section 1.2
Means any circumstances beyond the control of the party seeking to invoke Force Majeure which includes acts of God, outbreak of epidemics and infectious diseases, war, terrorism etc.
means AHAC and any holding company or any subsidiary undertaking(s) of AHAC or AHAC’s ultimate holding company from time to time and “Group Company” means any one of them.
Means a period of 12 calendar months
Has the definition ascribed to it in section 4.1
Has the definition ascribed to it in section 4.1
This subscription agreement between the AHAC and the Subscriber for provision of the Property Content
Means the annual subscription fee set out in the Subscriber’s Subscription Web form Form or advertised on the AHAC website at the time the application is submitted by the Subscriber, as varied by AHAC from time to time in accordance with Section 7.6 of this Subscription Agreement
Has the definition ascribed to it in Section 1.1
Subscription Web form Form
Means the online form completed by persons/entities wishing to subscribe to AHAC
- Subscriber acceptance
By ticking the box and/or proceeding with the subscription order you acknowledge and agree that your access to the Property Content shall be governed by these Term.