TERMS AND CONDITIONS
Effective date: 2nd April 2025
1. Introduction
1.1 About Us
KENSINGTON Finest Properties International – London (hereinafter referred to as the “Company”) operates under the trading name of Vellando Ltd., a company duly incorporated and registered in England and Wales under company number 16040875.
The Company is engaged in the business of providing consulting services for residential and commercial properties, marketing services, and functions as an estate agency.
1.2 Purpose of the Website
The website located at www.kensington-international.com (hereinafter referred to as the “Site”) is provided for informational purposes only. It is designed to offer information about the Company’s services, property listings, and franchise opportunities.
The Site is intended for users within the United Kingdom and other international users who may be interested in the Company’s offerings. The Site is not intended to be a platform for property transactions or the formation of legally binding contracts. The content of the Site is subject to change without prior notice.
1.3 Applicability of Terms
By accessing, browsing, or using the Site, you (hereinafter referred to as the “User” or “You”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”). If you do not agree to these Terms, you must immediately cease using the Site. Continued use of the Site after any changes to these Terms constitutes your acceptance of such changes.
2. Acceptable Use
2.1 Permitted Use
Users are permitted to access the Site solely for lawful purposes, including but not limited to:
(a) Viewing and obtaining information about property listings and related services offered by the Company;
(b) Submitting inquiries or requests for information regarding the Company’s services or franchise opportunities through the contact forms provided on the Site; and
(c) Contacting the Company for general information or inquiries.
2.2 Prohibited Activities
Users shall not engage in any of the following activities while using the Site:
(a) Use the Site for any commercial, unlawful, or fraudulent purpose, including but not limited to engaging in activities that violate any applicable laws, regulations, or third-party rights;
(b) Reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Content from the Site without prior written consent from the Company;
(c) Use automated tools, software, or scripts (e.g., bots, scrapers) to collect data from the Site or to interfere with the Site’s functionality;
(d) Interfere with or disrupt the Site’s functionality, security, or availability, including but not limited to introducing viruses, malware, or other harmful components;
(e) Attempt to gain unauthorised access to any part of the Site or any systems or networks connected to the Site;
(f) Use the Site to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(g) Use the Site to transmit any material that contains software viruses, corrupted files, or any other harmful components;
(h) Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(i) Use the Site to engage in any activity that could be considered harassment, stalking, or otherwise harmful to other users;
(j) Use the Site to collect or store personal data about other users without their consent; or
(k) Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
2.3 Compliance with Laws
Users must comply with all applicable laws, regulations, and directives, including but not limited to UK data protection laws, consumer protection laws, intellectual property laws, and any other relevant legislation. Users shall not use the Site in any manner that could be considered a violation of any such laws, regulations, or directives.
3. Franchise Applications
3.1 Eligibility Criteria
The Company reserves the right to determine the eligibility criteria for franchise opportunities. The submission of an inquiry or expression of interest does not guarantee approval or entry into any franchise agreement. The Company may, at its sole discretion, require additional information or documentation from Users to assess their eligibility for franchise opportunities.
3.2 Submission of Interest
Users may submit an expression of interest in becoming a franchise partner via the contact form provided on the Site. All submissions are non-binding and subject to verification and approval by the Company. The Company shall have the right to contact Users to request additional information or documentation as part of the assessment process. Users acknowledge that the submission of an inquiry does not create any legal obligations or rights until and unless a formal franchise agreement is executed in writing.
3.3 No Obligation to Grant Franchise Rights
The Company expressly reserves the right to accept or reject any franchise application at its sole discretion. No franchise rights or obligations arise from the use of the Site unless and until a formal franchise agreement is executed in writing. The Company shall not be liable for any costs, expenses, or losses incurred by Users as a result of the submission of an inquiry or the Company’s decision to accept or reject a franchise application.
4. Intellectual Property
4.1 Ownership of Content
All content on the Site, including but not limited to text, images, graphics, logos, software, and other materials (collectively, “Content”), is the property of the Company, its licensors, or franchise partners and is protected by UK and international intellectual property laws, including but not limited to copyright, trademark, and trade secret laws. The Company reserves all rights not expressly granted to Users under these Terms.
4.2 Trademarks and Branding
The trade name “KENSINGTON Finest Properties International – London” and associated logos, trademarks, and service marks (collectively, “Marks”) are registered trademarks of the Company. Unauthorised use of these Marks is strictly prohibited. Users shall not use, reproduce, or display any of the Marks without prior written consent from the Company. Any use of the Marks must be in accordance with the Company’s branding guidelines and shall inure to the benefit of the Company.
4.3 Unauthorised Use and Infringement
Any reproduction, modification, distribution, transmission, display, performance, sale, licensing, or other exploitation of the Content or Marks without prior written consent from the Company constitutes infringement and may result in legal action. The Company reserves the right to pursue all available remedies, including but not limited to injunctive relief and damages, for any unauthorised use or infringement of its intellectual property rights. Users shall indemnify and hold the Company harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from any unauthorised use or infringement of the Company’s intellectual property rights by Users.
5. Data Protection and Privacy
5.1 Data Collection and Purpose
The Company collects personal data provided by Users through the Site, including but not limited to name, contact details, messages, and other information voluntarily submitted by Users. Such data is processed for the following purposes:
(a) Responding to inquiries and requests for information;
(b) Assessing franchise applications and conducting due diligence;
(c) Improving the Site’s functionality and user experience;
(d) Complying with legal obligations, including but not limited to data protection laws and regulations; and
(e) Any other purpose for which the User has provided explicit consent.
5.2 Lawful Basis for Processing
The Company processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The lawful basis for processing personal data may include, but is not limited to, consent, contractual necessity, compliance with legal obligations, and the Company’s legitimate interests. The Company shall ensure that all processing activities are transparent, fair, and conducted in a manner that respects the rights and freedoms of Users.
Please refer to our Privacy Policy for more information on this section.
6. Cookies and Tracking Technologies
6.1 Cookie Policy Integration
The Company uses cookies and similar tracking technologies to enhance user experience, analyse traffic, and deliver personalised content.
By continuing to use the Site, Users consent to the use of cookies and tracking technologies as described in the Cookie Policy.
7. Marketing and Communications
7.1 Promotional Materials
The Company may use User data to send marketing communications, including but not limited to newsletters, promotional offers, and updates regarding the Company’s services and franchise opportunities, subject to User consent. Users may opt out of such communications at any time by clicking the unsubscribe link in marketing emails or by contacting the Company. The Company shall ensure that all marketing communications are in compliance with applicable laws and regulations.
8. Property Information
8.1 Accuracy of Listings
The property information and listings displayed on the Site are provided for general informational purposes only. While the Company endeavors to ensure that the information is accurate and up-to-date, it does not warrant or represent that the information is error-free or complete. The Company reserves the right to amend, update, or remove any property listings at any time without prior notice.
8.2 Disclaimer on Property Descriptions
The descriptions, photographs, and other details of properties listed on the Site are provided by third parties, including property owners, agents, and other contributors. The Company does not verify the accuracy or reliability of such information and makes no representations or warranties regarding the condition, availability, or suitability of any property. Users should conduct their own due diligence and seek independent advice before making any decisions based on the information provided on the Site.
8.3 Reliance on Third-Party Data
The Company may rely on third-party data providers for certain property information. The Company does not control or endorse the content provided by such third parties and shall not be liable for any inaccuracies, omissions, or errors in the data. Users acknowledge that the information provided on the Site is subject to change and may not always reflect the most current market conditions or property details.
9. Franchise-Related Disclaimers
9.1 No Guarantee of Franchise Approval
The submission of an inquiry or expression of interest in a franchise opportunity does not guarantee approval or entry into any franchise agreement. The Company reserves the right to accept or reject any franchise application at its sole discretion. The Company may require additional information, documentation, or due diligence processes to assess the eligibility of potential franchisees.
9.2 Confidentiality of Franchise Discussions
All communications and information exchanged during the franchise application process are confidential and proprietary. Users agree to keep such information confidential and not to disclose it to any third parties without the prior written consent of the Company. Any breach of confidentiality may result in legal action and the termination of any ongoing discussions or negotiations.
9.3 Non-Solicitation of Franchise Candidates
Users agree not to solicit, recruit, or induce any individuals or entities to apply for franchise opportunities on behalf of the Company without the prior written consent of the Company. Any such solicitation or recruitment activities may be considered a breach of these Terms and may result in legal action.
10. Liability Limitations
10.1 Exclusion of Indirect Losses
The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of the Site, the information provided on the Site, or any services offered by the Company, even if the Company has been advised of the possibility of such damages.
10.2 Limitation of Liability for Third-Party Services
The Company shall not be liable for any damages or losses arising from the use of third-party services, websites, or content linked to or accessed through the Site. Users acknowledge that the Company does not control or endorse such third-party services and shall use them at their own risk.
10.3 Specific Exclusions
The Company specifically disclaims any liability for:
(a) Any inaccuracies, omissions, or errors in property listings or other information provided on the Site;
(b) Any decisions made by Users based on the information provided on the Site;
(c) Any technical issues, interruptions, or delays in accessing the Site;
(d) Any losses or damages resulting from unauthorised access to or use of User data; and
(e) Any other matters beyond the Company’s reasonable control.
11. Indemnification
11.1 User Indemnity
Users agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
(a) User’s use of the Site or violation of these Terms;
(b) User’s violation of any rights of another person or entity;
(c) User’s breach of any representation, warranty, or covenant contained in these Terms;
(d) Any content or information submitted by User to the Site; or
(e) Any other matter for which User is responsible under these Terms.
11.2 Third-Party Claims
The Company reserves the right to assume the exclusive defense and control of any matter for which User is required to indemnify the Company. User agrees to cooperate fully with the Company in the defense of any such claim. User shall not settle any claim without the prior written consent of the Company.
12. Prohibited Activities
12.1 Fraudulent Use of the Website
Users shall not engage in any fraudulent activities, including but not limited to submitting false or misleading information, attempting to defraud the Company or other users, or engaging in any other activities that could be considered fraudulent or illegal.
12.2 Intellectual Property Violations
Users shall not infringe upon or violate any intellectual property rights of the Company or third parties, including but not limited to copyright, trademark, patent, or trade secret rights. Users shall not use, reproduce, distribute, or otherwise exploit any content or materials from the Site without prior written consent.
12.3 Misrepresentation of Franchise Interests
Users shall not misrepresent their interest in franchise opportunities or provide false or misleading information during the franchise application process. Any such misrepresentation may result in the termination of any ongoing discussions or negotiations and may subject the User to legal action.
13. User-Generated Content
13.1 Submission of Inquiries
Users may submit inquiries or requests for information through the contact forms provided on the Site. By submitting such inquiries, Users grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such inquiries in any form, media, or technology now known or later developed.
13.2 Ownership and Licensing of User Data
Users retain ownership of any content or information submitted to the Site. However, by submitting such content or information, Users grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or information in any form, media, or technology now known or later developed. Users acknowledge that the Company may use such content or information for marketing, promotional, or other business purposes.
13.3 User Representations and Warranties
Users represent and warrant that:
(a) They have the right to submit the content or information to the Site;
(b) The content or information does not violate any third-party rights, including but not limited to intellectual property rights;
(c) The content or information is accurate, truthful, and not misleading; and
(d) The submission of the content or information does not violate any applicable laws, regulations, or these Terms.
14. Children’s Privacy
14.1 No Intentional Collection of Minors’ Data
The Site is not intended for use by individuals under the age of 18. The Company does not knowingly collect personal information from children under the age of 18. If the Company becomes aware that it has inadvertently collected personal information from a child under the age of 18, it will take reasonable steps to delete such information from its records.
14.2 Compliance with Age Restrictions
Users under the age of 18 are prohibited from submitting any personal information to the Site. The Company encourages parents and guardians to monitor their children’s online activities and to instruct their children never to provide personal information without parental permission.
15. Electronic Communications
15.1 Validity of Electronic Signatures
Any electronic signatures or other electronic means of authentication used in connection with the Site or these Terms shall be deemed valid and enforceable to the same extent as a handwritten signature. Users acknowledge and agree that electronic signatures shall be deemed to satisfy any requirement for a signature under applicable laws and regulations.
15.2 Retention of Digital Records
The Company may retain electronic records of communications and transactions conducted through the Site. Such records shall be deemed to satisfy any requirement for retention of records under applicable laws and regulations. Users acknowledge and agree that electronic records shall be admissible in any legal proceedings to the same extent as paper records.
16. Termination of Access
16.1 Grounds for Suspension
The Company reserves the right to suspend or terminate User’s access to the Site at any time, with or without cause, and with or without notice. Reasons for suspension or termination may include, but are not limited to:
(a) Violation of these Terms;
(b) Unauthorised use of the Site;
(c) Fraudulent activities;
(d) Infringement of intellectual property rights;
(e) Misrepresentation of franchise interests;
(f) Any other activity that the Company deems to be in violation of applicable laws, regulations, or these Terms.
16.2 Survival of Obligations Post-Termination
Termination of User’s access to the Site shall not affect any obligations or liabilities that have accrued prior to termination. The provisions of these Terms that by their nature should survive termination, including but not limited to indemnification, disclaimer of warranties, limitation of liability, and governing law, shall survive termination.
17. Amendments to Terms
17.1 Notice of Changes
The Company reserves the right to update or modify these Terms at any time without prior notice. Users are responsible for regularly reviewing these Terms to stay informed of any changes. Continued use of the Site after any changes to these Terms constitutes User’s acceptance of the revised Terms.
17.2 Continued Use as Acceptance
If User does not agree to any changes to these Terms, User must cease using the Site immediately. User’s continued use of the Site after the effective date of any changes to these Terms shall be deemed acceptance of the revised Terms.
18. Governing Law and Jurisdiction
18.1 Applicable Law
These Terms and Conditions, and any disputes arising out of or in connection with the use of the Site, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
18.2 Exclusive Jurisdiction of English Courts
By using the Site, User agrees to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising out of or in connection with these Terms or the use of the Site. User irrevocably waives any objection which they may have to the courts of England and Wales exercising jurisdiction over any such disputes.
19. Dispute Resolution
19.1 Alternative Dispute Resolution (ADR)
The Company encourages Users to attempt to resolve any disputes through informal negotiation. If such negotiations fail, the parties agree to engage in Alternative Dispute Resolution (ADR) before resorting to litigation. The ADR process shall be conducted in accordance with the rules and procedures of a mutually agreed-upon ADR provider.
20. Force Majeure
20.1 Definition and Scope
The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, epidemics, pandemics, labour disputes, strikes, lockouts, shortages of or interruptions in transportation, fuel, energy, labour, or materials, acts of government or regulatory authorities, or other similar events (collectively, “Force Majeure Events”).
20.2 Obligations During Force Majeure
If a Force Majeure Event occurs, the Company shall use reasonable efforts to mitigate the effects of the event and to resume performance of its obligations as soon as reasonably possible. The Company shall notify User of the occurrence of a Force Majeure Event and shall provide updates on the status of the event and its efforts to resume performance.
21. Severability
21.1 Effect of Invalid Clauses
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
22. Entire Agreement
22.1 Supremacy of These Terms
These Terms constitute the entire agreement between the User and the Company regarding the use of the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the subject matter of these Terms. No modification or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorised representative of the Company.
23. Notices
23.1 Methods of Service
Any notices or communications required or permitted to be given under these Terms shall be in writing and may be delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by a recognised overnight courier service, to the addresses set forth below or to such other address as either party may designate by written notice to the other party:
- For the Company:
Vellando Ltd.
85 Great Portland Street, First Floor, W1W 7LT London
Email: London@[email protected] - For the User:
To the email address provided by the User during registration or inquiry.
24. Monitoring and Enforcement
24.1 Right to Monitor Usage
The Company reserves the right to monitor, review, and record User activities on the Site for the purpose of ensuring compliance with these Terms, detecting and preventing fraud or other illegal activities, and protecting the security and integrity of the Site. The Company may also use automated tools and technologies to monitor and enforce these Terms.
24.2 Enforcement of Terms
The Company shall have the right to take any and all actions it deems necessary to enforce these Terms, including but not limited to terminating User access to the Site, removing or disabling access to any content or materials that violate these Terms, and pursuing legal remedies against Users who violate these Terms.
