TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using this Site. You should understand that by using this Site, you agree to be bound by these Terms and Conditions.
We are not providing advice on investments, properties or the benefits or otherwise of any investments or acquisition of shares nor are we arranging deals in investments.
By using this Site, you agree to be bound by these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use our site.
1. INFORMATION ABOUT US
HFB Benchmark, Inc. (HFBB) is an International Business Corporation (IBC) for the purpose of holding and managing diverse international assets. Website at www.hfbinc.com.
2. SERVICE AVAILABILITY
2.1. Our site is only intended for use by qualified investors – See section 2.2.
2.2. Investors should meet the requirements under one of the following categories; certified high net worth investors, sophisticated investors, self-certified sophisticated investors, accredited investor or special exempt status.
3. YOUR STATUS
By applying and registering to become a member through our site, you warrant that:
3.1. you are legally capable of entering into binding contracts;
3.2. you are at least 18 years old;
3.3. you are a qualified investor as defined in section 2.2; or
3.4. you apply for special exempt status.
4. RELIANCE ON INFORMATION POSTED
Any commentary, information or other material posted on our site is not intended to amount to advice. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents.
5. OUR ROLE
5.1. HFBB’s principal role is to provide administrative and property holding functions on behalf of the respective SPV and to co-ordinate and facilitate the payment and collection of sums due under or in connection with HFBB.
5.2. HFBB will not perform any management functions on an investor’s behalf (except in relation to property management): the investor retains complete control and discretion over whether or not to make an investment into an investment vehicle and on what terms and over all other aspects of its participation in HFBB, if any. Nothing HFBB does and nothing on the website is intended to operate or be construed as advice or a recommendation to enter into this particular investment.
5.3. HFBB accepts no responsibility and disclaims all liability for any information about an investment made in HFBB through this Site. HFBB may from time to time at the end of each month, but accepts no obligation to, update or amend at any time information on this Site.
5.4. While HFBB believes that access to information on this Site can provide additional comfort as to the likelihood of investment returns, HFBB accepts no additional responsibility for the likelihood of an investment vehicle meeting its financial obligations to the investor.
6. THE PROCESS
6.1. Following receipt of funds and the acceptance of your membership, you will receive a share certificate as evidence of your membership. A copy of the relevant SPV’s due diligence documents, Business Summary, Simplified Prospectus and Business Plan will also be supplied to you. These documents will govern and detail your investment in the SPV, your position as an equity stakeholder and how any income and return will be generated.
6.2. You will be entitled to sell or transfer your shares in accordance with the purchase agreement.
6.3. Any payments made to investors will be made without deduction of tax. It is your responsibility to account for any income tax and other personal taxes that may be payable to the appropriate authorities.
7. INVESTMENT RISK
Potential investors should note that acquiring shares in an SPV is subject to market fluctuations and there can be no assurance as to any specified increase in value.
The value of your investment and the income derived from your investment, can fluctuate and may fall and there is no certainty that an investor will get back any part of his investment. Investment in HFBB should not be viewed as a liquid investment. Investors interests will however be secured against each property. In the event that an SPV becomes unable to meet its debts as they fall due, investors may realise less than their original investment.
The price which investors may realise for their investments and the timing of any such realisation may be influenced by a large number of factors (and these are more particularly set out in the investment memorandum you will receive in respect of any specific investment) some of which are specific to the investment and others of which are extraneous.
The ability of an investor to sell shares will depend on there being a willing buyer for such shares at an acceptable price. Consequently, it might be difficult for an investor to liquidate his investment.
8. OUR LIABILITY
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
8.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results or the use of this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
8.2.1 loss of income or revenue;
8.2.2 loss of business;
8.2.3 loss of profits or contracts;
8.2.4 loss of anticipated savings;
8.2.5 loss of data;
8.2.6 loss of goodwill;
8.2.7 wasted management or office time; and
8.3. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9. INVESTOR’S AGREEMENTS
9.1. You agree that HFBB is making no warranty or representation as to the ability of the SPV to pay and their credit risk and we are in no way liable for the debts of the SPV. You acknowledge that you are investing entirely at your own risk.
9.2. You agree to keep confidential and not to use, disclose or communicate any and all content of the Website (except in the course of obtaining professional advice in respect of the same or with our written consent or as required by law). This restriction will continue to apply after any termination of membership.
9.3. Calculations we may provide on the website of the likely rate of return on investments are for guidance purposes only and are not guaranteed.
9.4. The information on the website does not constitute advice, recommendation or an endorsement of investment requests or investment vehicles. The information is not intended to be relied upon as a sole basis for deciding whether or not to make a particular investment.
9.5. We make no representation or warranty as to the accuracy of the data displayed on an investment request page, nor whether the information is up to date or error free.
9.6. We do not guarantee that there will be sufficient bids to fully fund an investment in an SPV or that there will be sufficient investments for you to invest in.
10. INTELLECTUAL PROPERTY
10.1. We own and you agree that we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other intellectual property rights existing in or relating to this Site.
10.2. No warranty is given that the contents of this Site do not infringe the rights of any third party.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If any of these Terms and Conditions or any provisions of any other document featured on this Site are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. ENTIRE AGREEMENT
13.1. These Terms and Conditions and any document expressly referred to in them including all Agreements constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.2. To the extent that there is any conflict between these Terms and Conditions and the SPV Agreement the contents of the Agreement will prevail.
13.3. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
13.4. Each of us agrees that our only liability in respect of any representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1. We have the right to revise and amend these Terms and Conditions from time to time.
Any questions or complaints about this website should be put in writing and sent to email@example.com.