Marbinvest manages the Website as a crowd-funding platform, allowing investors to make commitments to invest in real estate investments. Real estate investment properties are listed on the Website and offered to prospective investors. The Website facilitates investment in Spanish real estate investments through a segregated portfolio, and helps investors track their investment transaction history. Payments for the real estate investments are deposited directly into Marbinvest’s bank account.Restriction and limitations
Real estate investment properties will be offered and sold through the Website pursuant to Proposals listed on the Website.
You agree to read carefully and make sure that you understand and agree with the Terms before investing. You acknowledge that each Proposal involves a high degree of risk and that by choosing to commit amounts to invest in Shares in connection with any Proposal (“Commitments”) you acknowledge that you are prepared and able to bear the risk of loss of your entire Commitment(s).
You acknowledge that the offer of any Proposal has not been registered or approved by any securities authorities in any jurisdiction. You acknowledge that you are legally able and authorized to participate in accordance with the laws and regulations of your jurisdiction of residence.
You understand that the offer contained herein has been made on a private basis between you and Marbinvest via the Website. You understand that participation (s) are not transferable and that you are committed for the full term of the investment as defined in the Proposal. Investor registration
By registering as an Investor, you agree to be subject to, and to comply with, all of the provisions of these Terms and Conditions.
When registering as an Investor, you will be required to provide certain information that will be used by administrators acting on our behalf to perform a Know-Your-Client check for the purpose of complying with applicable anti-money laundering rules and regulations and in order to eventually register your investment.
By registering, you represent and warrant that you are resident at the residence address that you have provided and that details of your nationality and other information are accurate.
When you apply to register as an Investor we will create a password that will be used to access your account. You must keep this password safe and not disclose it to others. We will inform you once the Know-Your-Client check has been conducted based on the information you have provided and upon completion of this check your registration as an Investor will be activated. You will then be permitted to transfer funds to the Marbinvest to be credited in your name (your "Investor Account"). Commitment to invest in Marbinvest
Before making a Commitment in respect of any Proposal, you should carefully review all of the information disclosed in connection with the Proposal.
By making a Commitment in respect of any Proposal, you represent and warrant that you have read and understood the Proposal Terms and all the information disclosed with respect to the Proposal and have availed yourself fully of the opportunity to query any information that you are unclear on.
By making a commitment in respect of a proposal, you irrevocably commit to invest in Marbinvest in the amount of your commitment (subject to deduction of the applicable Marbinvest fees, as provided for herein). Compensation and payments from Marbinvest
Marbinvest gives you an annual fee (interest) for your investment. The amount (percentage) of this fee is stated in the proposal and will be transferred to you each year to the bank account wich you specified in your account. The duration of the investment is at least 5 years unless otherwise stated in the proposal. At the end of the duration the actual balance in your account will be returned unless you want to extend it to a new proposal. Risks
Marbinvest invests in small to mid-sized real estate projects. Investing always involves a risk, so also with investing in real estate. It may be that for example if we want to sell a property, market conditions changed completely since the pre-calculation. This makes the expected (sales) returns lower than Projected. This may result thats dividends will be lower or that investments are worth less than the initial investment. Termination of registration
Marbinvest may, in its sole discretion, with or without cause, terminate your registration and investment. Upon termination by Marbinvest, Marbinvest will return the funds in your account.
You are committed for the full term of the investment as defined in the Proposal. If you would like to terminate your investment before the full term, Marbinvest is entitled to a compensation up to 25% depending on the length of the investment. Indemnification
(i) resulting from any material breach of any obligation you undertake in these Investor Terms and Conditions, including but not limited to your obligation to comply with any applicable laws; or
(ii) resulting from your acts, omissions and representations (and those of your employees, agents or representatives) relating to Marbinvest .
Your obligation to indemnify Marbinvest shall survive termination of these Investor Terms and Conditions, regardless of the reason for termination. Marbinvest 's right to modify terms
We may change these Investor Terms and Conditions or the Marbinvest Terms and Conditions at any time. When we do we will post the amended terms on the Website and notify you by email of material changes. Amended terms will take effect immediately for new registrants and 5 business days after posting for existing registrants. If you do not agree with any change that has been made you must terminate your registration and use of the Services prior to the end of this period as otherwise the amended terms will become effective and applicable to you. These Investor Terms and Conditions may not otherwise be amended except as approved (in writing or electronically) by you and us.
You authorise Marbinvest to correct obvious clerical errors appearing in information you provide to Marbinvest , without notice to you, although Marbinvest expressly undertakes no obligation to identify or correct such errors.
These Terms and Conditions, along with the proposal, represent the entire agreement between you and Marbinvest regarding your participation as a prospective investor on the Marbinvest Website, and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Marbinvest with respect to your involvement as a prospective investor on the Marbinvest Website. Notices
All notices and other communications hereunder shall be given by email to your registered email address or will be posted on the Website. You will need to update your email address and address information via your Marbinvest Dashboard. Confidential Information
By entering into these Terms and Conditions, you agree not to disclose one way or the other, except on a confidential basis to your legal and financial advisers exclusively for the purpose of rendering professional advice to you, any information which you receive or have received from Marbinvest or through the Website that relates to any Proposal ("Confidential Information"). Disclaimer
Except for the representations contained in these terms and conditions, the website, including any content or information contained within it or any service or advice provided in connection with the Marbinvest services, as well as the Marbinvest services themselves, are provided “as is” with no representation or warranty of any kind, express or implied, including, but not limited to any implied warranties of merchantability or fitness for a particular purpose or non infringement. The investor assumes total responsibility and risk for its use of the website and the related services. Limitation on liability and waiver
Marbinvest will not be liable to the Investor for any action, including any fraud, misinformation or failure in connection with any Proposal or any other action or wrongdoing engaged in by any third party.
The Investor understands that any and all decisions made with respect to Proposals are the Investor’s alone. Marbinvest will not be responsible or have any duty or obligation or liability for
(a) any decisions or interactions resulting (directly or indirectly) from participation in the services offered on the Website; or
(b) any damages, costs, losses or expenses that any Investor incurs as a result (directly or indirectly) of making any Commitments in respect of any Proposal or purchasing any interests in Shares.
In addition, other than as explicitly agreed in these Terms and Conditions, in no event will Marbinvest be liable to the Investor for any direct or indirect damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from the Investor’s use of the Website or participation in any related services.
With respect to the Website and the related services, Marbinvest assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
By using the Website and the related services, you agree to release Marbinvest from any liability whatsoever other than as explicitly accepted by Marbinvest in these Terms and Conditions, and waive any and all causes of action related to any claims, costs, injuries losses or damages of any kind arising out of or in connection with any use of the Website or any content posted on the Website or transmitted to, or any interactions between, you and any third party user of the Website.
This limitation of liability and waiver shall be in addition to and shall not limit any other limitation of liability or waiver included in the Marbinvest Terms and Conditions. Miscellaneous
You agree that any claim or dispute you may have against Marbinvest must be resolved in the courts in Malaga Spain.