– Terms of Service update 15th June 2020 –
- visitors to our Website, who do not participate in the services provided (“Visitor”), and
- registered users, including real estate companies and investors, who access and/or use our services (“Member” or “User”), (collectively “you).
We may revise these Terms and Conditions from time to time to comply with law or to meet our changing business requirements. If we do this, we will post the changed Terms on the Website and will indicate at the top of this page the date the Terms were last revised. By continuing to use the Website and Services after we have made any such changes, you understand and agree to be bound by the terms of any such updates and amendments.
The present Terms and Conditions of Use go into effect on 15th January 2020, and apply to all uses of the ClubDeal.com platform thereafter (click here to have access to previous version of these Terms, which govern all uses of the ClubDeal.com platform before that date).
The Website and its content may only be used by individuals or entities in countries where such use is not prohibited under the applicable local laws or regulations. Individuals or entities subject to such limitations are prohibited from using the Website. By using the Website, including any subdomain thereof and services offered by ClubDeal.com, you confirm that you are not subject to any such limitation, whether based on your nationality, place of residence or any other reason.
1. About us – Services provided
Welcome and thank you for using ClubDeal.com. We’ve crafted the policy below to be as clear and straightforward as possible in order to keep you transparently informed.
The ClubDeal.com technology platform (the “Website”) is operated by ClubDeal, Inc. (“ClubDeal”, or together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors collectively “the Company,”, “ClubDeal”, “we,” or “us”). Our mission is merely to facilitate discussions among Family Offices, private investors and funds (the “Members”) interested in sharing OFF-market real estate assets for sale (the “Assets”) within our community of like-minded long-term investors.
Our Services are limited to the promotion of economic opportunities for our members by bringing together Members, and by providing them with a streamlined process for sharing these Assets on our private platform. Using the Website, Members can share Assets and detailed materials, such as descriptive media and due diligence items, allowing them to make informed investment decisions.
Our OFF-market real estate assets platform functions as follows:
- a Member subscribes to a ClubDeal.com plan. Any Member can interchangeably be a prospective Buyer or a prospective Seller, depending on the context and opportunity. A Member can then:
- Access OFF-market assets
- and/or Submit new exclusive assets
- the Member intending to submit a new exclusive asset on the platform, provides all required documents (authorization, media, videos, 3D, floor-plans, rendering, GPS, titles, etc.) for due diligence, and analysis. If the asset is accepted, it is added to the ClubDeal.com platform, available for the community of Members to see
- with all materials and documentation available to Members, they can freely review Assets and select the ones of their liking
- if a Member wants to acquire an Asset displayed on the private platform, he/she can contact the seller directly, without any intermediation
ClubDeal.com is a private platform and does not recommend, offer or contract any investment. In the case Members acquire a listed Asset, ClubDeal.com does not become a contracting party itself and is not a representative or agent of any of the contracting parties (no powers).
2. Subscription, personal information and account security
You can browse the Website as a Visitor, without registering for an account.
Registration is limited to persons who have full capacity to contract, and who are at least 18 years old. By using the Services, you warrant that you are able to legally contract in the jurisdiction in which you are located.
Access to OFF-market assets on ClubDeal.com is restricted to registered Members who present the necessary qualifications to meet the legal definition of a “Qualified Investor” or “Accredited Investor” or “Professional Investor” (or equivalent or similar concept) applicable in the country, jurisdiction or state in which you reside, or from which you access the Services. Should you cease to be a “Qualified Investor” or “Accredited Investor” or “Professional Investor” at any time, you agree to immediately notify ClubDeal.com and to refrain from accessing such restricted portions of the Website and/or Services.
It’s forbidden to impersonate anyone else or choose names that are offensive or that violate anyone’s rights. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account, without prejudice to any other rights we may have. Similarly, ClubDeal.com reserves the right to delete membership accounts created during incomplete registrations after a reasonable period of time.
To comply with applicable law, we may require each Member to provide information designed to authenticate and confirm his or her identity, as well as financial qualification information.
You are responsible for all the activity on your account, to choose a strong and secure password, and to ensure that your password remains secret. You agree not to disclose your password to any third party. If you notice unauthorized use of your account, you should report immediately to us.
3. Code of conduct
This Website is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner
You agree with the following list of things you are forbidden to do:
- use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
- act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- attempt to gain unauthorized access to the Website, the Services, any other ClubDeal.com website or service, or the computer systems or networks connected to the Services through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- misrepresent your identity, including but not limited to the use of a pseudonym;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- download any file posted by another Member that you know, or reasonably should know, cannot be legally distributed in such manner;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Members for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is issued or endorsed by ClubDeal.com, any of its affiliates or any third parties;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share with or disclose to anyone any information obtained through the Services about any investment offerings;
- use the Services for any commercial purpose whatsoever, including without limitation, soliciting other Members for investments of any kind, offering or selling any products or services of any kind, and making investment recommendations to other Users unless expressly authorized by ClubDeal.com in writing;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- contacting any party or User other than as allowed through the Services.
4. Proprietary Rights of the Company
ClubDeal.com, its affiliates, and its licensors own all right, title and interest in the Website and the Services, including but not limited to
- (i) the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel,” UX/UI, organization, compilation of the content, code, and data, and
- (ii) all content on the Website, including, without limitation, all articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any user comments (collectively, the “Materials”). The Materials do not include Member Content (as defined in Section 5). The Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and proprietary rights. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.
You may not modify, distribute, share, disclose, transmit, display, reproduce, publish, license, create derivative works from, transfer, or otherwise use the Materials in any other way, except with our prior written permission. You agree that you will not develop or assist anyone else with developing a website or materials that are substantially similar to or based in substantial part on the ClubDeal.com Website. Your access to or use of the Website does not grant or transfer to you ownership interest or any rights in the Materials other than those rights expressly granted in these Terms.
ClubDeal.com does not permit infringement of intellectual property rights on the Website or Services. Further, ClubDeal.com will block infringing activities or remove related User Content if we are properly notified that such User Content infringes on another’s intellectual property rights.
5. User content
In these Terms, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that Members submit to this Website, for whatever purpose.
You warrant and represent that your User Content will comply with these Terms. Your User Content must be accurate and complete, must not be illegal, misleading or unlawful, must not infringe any third party’s legal rights, must not constitute negligent advice or contain any negligent statement, must not be in breach of any contractual obligation owed to any person or company, and must not be capable of giving rise to legal action whether against you or ClubDeal.com or a third party (in each case under any applicable law). You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ClubDeal.com reserves the right to edit or remove at any time and without prior warning any material submitted to this Website, or stored on our servers, or hosted or published upon this website.
ClubDeal.com assumes no liability whatsoever with respect to the information and documents received from Members and displayed on the Website and shall not be liable for any breach of this Section 5 by any Member.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media.
Information and data about Assets published on the Website (hereafter “Confidential Information”) must be kept confidential. Any Confidential Information may exclusively be used by the Members to make an informed investment decision, and the Member must keep this information absolutely confidential. The Member must not relay the Confidential Information or any Asset information to third parties, publish it, or disseminate it in any way. Information that (i) was provided to the Member by a third party, prior to discovering on the Website, without the breach of a confidentiality agreement and without any obligation to confidentiality; (ii) is already public or (iii) was released on the Website for the purpose of distribution or publication is not considered confidential information. ClubDeal.com shall not be liable for any breach of this confidentiality clause by any Member with regard to Confidential Information provided by any other Member.
7. Third-party links and payment options
As a convenience to you, our Services may contain links to third-party websites or services that are not owned or controlled by ClubDeal.com.
ClubDeal.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ClubDeal.com 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
ClubDeal is only a meeting platform for its community of private Members. ClubDeal does not invest in Assets nor invest on behalf of a third party.
9. Risks warning – no professional advice provided
You use our Services solely at your own risk. ClubDeal.com does not perform its own due diligence assessment of the Assets displayed on the Website by Members.
Investments in real estate offer great opportunities. However, it is important that you be aware from the start that there is risk involved with any project. If you are unable to perform your own due diligence, please consult with an attorney, expert or financial advisor prior to making an investment.
Nothing ClubDeal.com does and nothing on the Website, contained in these Terms, or provided through our Services is intended to operate or be construed as advice (including legal or financial advice), recommendation or solicitation of offer to enter into a particular investment. The information on the Assets listed on the Website is provided solely by the Members. We recommend that Members inform themselves about the legal, economic, and tax-related consequences before investing. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney. When committing to an investment in a Asset listed on the Website, you represent that you have had a full and fair opportunity to secure the advice of legal counsel, accountants, or other financial advisors. ClubDeal.com does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Members. ClubDeal.com is not a registered broker-dealer or investment advisor and does not conduct any activity that would require such registration.
You are responsible for paying all taxes associated with your use of the Services.
10. Warranty disclaimer
The Services are provided to you “as is”, “as available” and “when available” without any representation or warranty of any kind, express or implied.
ClubDeal.com makes no representations and gives no warranties about the quality, safety, morality or legality of any Asset or the truth or accuracy of the User Content (as defined above) posted on the Website. The information on the Assets published on the Website is provided solely by the Members and ClubDeal.com does not make any representations, nor does it give any warranties whatsoever with respect to this information. In particular, ClubDeal.com does not guarantee that this information is correct, accurate, compliant with the applicable law, non-misleading, complete or up-to-date.
The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
ClubDeal.com does not guarantee that the Website will function without interruption or errors, or that it will be free of any viruses or any other malwares. Interruptions for necessary maintenance work may occur from time to time. Further, ClubDeal.com does not guarantee that access to third-party websites or services, including payment services, will be possible at any time without interruption or errors.
11. Limitation on Liability
To the fullest extent permitted by law, in no event will ClubDeal.com, its directors, employees, partners, representatives, stockholders, suppliers, or content providers be liable for any direct, indirect, incidental, punitive, consequential, special or exemplary damages of any kind (including incurred losses, lost profits and costs of any kind) in connection with, or resulting from, the use of the Services in general and the Website in particular, including but not limited to damages:
- resulting from your access and/or use of the Services in general;
- resulting from your inability to access or use the Services, such as for example in the event of technical malfunctions or interruptions, or the inability of any other Member to access or use the Services;
- resulting from the suspension or termination of the Services, for whatever reason this may be;
- resulting from viruses or other similar malwares that could be contained on the Website or in the information or documents displayed on the Website;
- for data loss or unauthorized access to protected data;
- resulting from your use of, or reliance on, information or documents about an Asset published on the Website;
- arising out of, or in connection with, any contract entered into with another party following the use of the Services;
- incurred as the result of any other interactions between you and other Members;
- resulting from any use by other Members, whether lawful or not, of your User Content;
- resulting from any other breach of the present Terms by any Member;
- resulting from any unlawful activity of any Member;
- for cost of procurement or substitute goods or services;
- for any conduct or content of other Member or any third party on the Website;
- for the performance or non-performance of any third-party payment gateway; or
- resulting from, or in connection with, the use of such third-party payment gateway (including, but not limited to, fraud, misuse, abuse, loss of data, stolen data or any similar event).
You agree to defend ClubDeal.com against, fully indemnify it for, and hold it harmless from, all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our Services. You agree to indemnify, defend and hold harmless ClubDeal.com, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. User Interactions and Disagreements
The Services may allow you to interact with other Members who may provide you with Assets information, advice, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that other Members are not affiliated with or controlled by ClubDeal.com or its affiliates, and ClubDeal.com cannot influence the Assets, information, advice or services provided by them. Your interaction with other Members is solely between you and such other Members. You are solely responsible for your interactions with other Members.
If you provide any Asset, information, advice or services to other Members through the Services, you acknowledge that you are not affiliated with, or controlled or influenced in any way by ClubDeal.com or its affiliates.
We are under no obligation to become involved in disputes between Members and/or any third party. If you have a dispute with one or more Members, you irrevocably and forever release ClubDeal.com (and its affiliates, officers, directors, agents, subsidiaries, partners, stockholders and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In the event of any dispute, such as a Member’s alleged failure to comply with the Terms or alleged failure in fulfillment of a contract, we may provide the Member’s contact information to the other Member so that the two parties may resolve their dispute.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, but without limitation, in the event of a breach of the Terms. We also reserve the right to refuse service to anyone for any reason at any time.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, but without limitation, in case of breach of the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
15. Governing law and jurisdiction
We encourage you to contact us if you’re having an issue, before resorting to the courts. By visiting or using the Website and/or the Services, you agree that these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed exclusively in accordance with the laws of France, without giving effect to any principles of conflicts of law. You also agree that any and all disputes arising out of, or in connection with, the use of the Websites and/or the Services, will be subject to the exclusive jurisdiction of the ordinary courts of Paris, France.
You agree that ClubDeal.com and its Services are deemed a passive Website that does not give rise to jurisdiction over ClubDeal.com or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than in France. You agree that any action at law relating to these Terms, or your use or non-use of the Services, shall be filed only in France. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then, as a conditions to these Terms, you hereby waive the applicability of this specific statement, section of law or any similar provision in law, regulation or code.
16. Final provisions
These Terms are personal to you. You can’t assign them, transfer them, or sub-license them unless you get our prior written consent. Save for any separate bilateral written agreement,these Terms constitute the entire agreement between us regarding our Services, and supersede all other communications and proposals (whether oral, written, or electronic) between you and ClubDeal.com with respect to the Services and govern our future relationship.
If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, then the remainder shall continue in full force and effect.
These Terms and Conditions are issued in English. For purpose of clarity, these Terms and Conditions are NOT translated in any other language.
If you disagree with any part of the Terms then you must not use this Website and Services.