The following information informs you of the terms and conditions pertaining to the services provided by Mischon Capital Ltd, how we charge for such services and over the general usage of this web site. It also sets out terms for your data protection, our copyright protection and rights of redress should these general and specific rights be abused in any way. We reserve the right to use software that identifies usage, and abuses of intellectual property belonging to Mischon Capital Ltd and its affiliates.
TERMS OF BUSINESS
Mischon Capital Ltd (‘the Company’) provides a range of unregulated financial services to business and professional property investors (‘the Client’). The Company is not a principal lender, does not offer any financial advice, nor participates in regulated loans for owner occupied property under any circumstances. The Company provides an unbiased and impartial service and will recommend funding solutions from a number of sources, including its own network of High Net Worth finance partners, Family Offices, Hedgefunds, Real Estate Opportunity Funds, Insurance Companies, Pension Funds and other lending institutions, as well as mainstream lending organisations with whom the Company has a professional broker agreement. In all cases the recommendation will be based upon the best and most appropriate solution for the Client. The Company derives revenues from commissions paid by its various funding partners and lending organisations and, if deemed appropriate, from fees charged to the Client for arranging, packaging and managing finance applications through to successful completion.
One initial free consultation is provided to all Clients. At the discretion of the Company and with agreement from the Client this may be conducted either via a telephone conference or a face-to-face meeting at the Clients premises.
Following the initial consultation the Company will advise the Client on the most appropriate and cost effective actions to achieve the Clients stated financial objectives. The recommendations will be delivered to the Client as and when appropriate. At this stage a Commitment Fee may or may not be applied. Any Commitment Fees charged by the Company will be paid immediately and deducted from the Broker Fee on first draw down of the funds by the Client upon Completion. In addition to a Commitment Fee, a Broker Fee will be liable upon successful conclusion of the financial service transaction. The definition of ‘successful conclusion’ meaning initial draw down of funds upon financial completion of a loan, mortgage, JV agreement or equity participation, or other financial service.
Also, the Company reserves the right, at their sole discretion, to enter into an agreement whereupon they can instruct or introduce a third party who may be used to obtain an offer of loan which shall be regarded, for the purpose of these terms, as being on behalf of the Company . It should also be noted, that should any lending source or third party introduced to the Client by the Company make an offer of loan direct to the Client, such an offer will be regarded as an offer attributable to the Company and the parties agree that the broker fee as defined above shall become due to the Company .
Should the Client wish to proceed he will be asked to sign and return a “Fee Agreement” which is a formal and binding agreement under these terms of business. Upon receipt the Company will initiate all necessary action to provision the financial service(s) agreed.
The Client accepts that this agreement is a contract made in “Uberrima Fides” (utmost good faith) and undertakes to make a full disclosure of all relevant information to the Company in sufficient time to allow consideration of the likely viability of any commercial loan offer being made. Should it become apparent that the Client has not disclosed all of the relevant information in good time, or the Client decides to cancel the instruction at any time before completion, then the Client accepts that the Company have the right to seek recovery of any costs incurred in connection with any abortive work at a rate of £150 per hour plus expenses.
Please review the following terms and conditions concerning your use of the website. By accessing, using or downloading any materials from the website, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this website.
This website may include inaccuracies or typographical errors. the Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this website at any time without notice. The Company may periodically make changes to the website. Any action related to these Terms will be governed by the law prevailing in England and Wales and any superior EU legislature.
These Terms represent the entire understanding relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional, communications.
The Company has the right to revise these Terms at any time without notice by updating this posting. The Company reserves any rights not expressly granted herein.
The information contained in this website (“Information”) has been prepared in accordance with the Governing Law of England and Wales. The Information may not satisfy the laws of any other country and some or all of the products and services described herein may not be available to residents of some countries. The information is current at the date of publication but may be subject to change without notice.
GENERAL USE PROVISIONS
All materials provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by the Company or by their respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of the Company and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of or the Company the Third Party Provider. Also, you may not “mirror” any Materials contained on this website on any other server without prior express written permission. Except where expressly provided otherwise by the Company nothing on this website shall be construed to confer any license under any of the Company or any Third Party Provider’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses.
Materials provided by Third Party Providers have not necessarily been independently reviewed, tested, certified, or authenticated in whole or in part. The Company does not promote, recommend, provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by the Company. The Company hereby grants you permission to display, copy, distribute and download Mischon Capital on this website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for unofficial dissemination; and (3) the Materials are not modified in any way.
This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This website contains links to websites controlled by parties other than the Company. The Company are not responsible for and do not endorse or accept any responsibility for the contents or use of these third party websites. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Except where expressly provided otherwise by the Company, all comments, feedback, information or materials submitted to Mischon Capital through or in association with this website (“Submissions”) shall be considered confidential. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
The Company controls this website from its headquarters in Europe and makes no representation that these Materials are appropriate or available for use in other locations. The service is hosted at a location other than the company headquarters and as such you should be aware that any data that you submit travels to a secure server in another location. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
This website contains numerous trademarks, rights belonging to Mischon Capital Ltd. You may imprint, copy, download or temporarily store extracts from this website for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first obtain our written permission. In particular no part of this website may be used on any other website, and no one may link any other website to this website without our prior written permission.
WHERE EXPRESSLY PROVIDED OTHERWISE BY MISCHON CAPITAL LTD, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS”, AND MISCHON CAPITAL HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MISCHON CAPITAL LTD MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE. LIMITATION OF LIABILITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL MISCHON CAPITAL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, INVESTMENT, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF MISCHON CAPITAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST MISCHON CAPITAL FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD MISCHON CAPITAL HARMLESS FROM AND YOU COVENANT NOT TO SUE MISCHON CAPITAL FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.