What is an Investment Property?

What is an Investment Property?

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What is an Investment Property?

Sounds like a simple question, however before walking into the nearest estate agent with your life savings, there are a few subtleties in the answer that will be worth considering. Subtleties that Her Majesty’s Revenue & Customs pay particular interest to and ones that could save you money and time in the future. Understanding the answer to what is an investment property and why this is important to you, are questions that you will gain valuable insights into by reading on.

Cut to the chase, what is an Investment Property?

To invest, technically speaking, is to devote time and effort into a project and to gain a return in the future. Property is obviously the bricks-and-mortar that we can see and touch. However, with regards to freehold property, the largest value is likely to be held in the land on which the property sits. The true value of an investment property, therefore, may not be in the property itself but in the land on which it stands.

Having established that the value of an investment property may be in the land, let’s look at what differentiates an investment property from other types of income generating property.

Broadly speaking we can identify three criteria that define its status:

  1. A property where we have prolonged ownership
  2. A property where we seek an income stream
  3. A property where we seek capital growth
1. A property with prolonged ownership

Now I expect you are thinking that your own home would qualify here. However, both primary residences and second homes are excluded. Having prolonged ownership of a property sets out to distinguish investment properties from flips. Whereas an investment property will generate income over an extended period of time, a flip will be completed as swiftly as possible.

2. A property where we seek an income stream

Flipping properties is the straightforward process of buying, refurbishing and selling to make a single and one-off profit. An investment property, if done correctly, will reward the investor with monthly rental income over a period of years or even decades.

3. A property where we seek capital growth

Linking back to prolonged ownership, one of the goals through letting a property long-term is to benefit from capital growth as hopefully the value of the property will increase. When using a flip strategy, the turnaround time from buying to selling will be relatively short and any increase in value will be driven by refurbishment instead. So what’s the big deal?

Investing or Trading

To trade or not to trade, that is the question on the desk of the tax inspector. In the interests of Her Majesty’s Revenue in the UK, the differentiation is significant because trading activities can fall into a lower tax bracket than investment activities. The difference in tax costs will be more than a few cappuccinos. The obvious question then is when is an investment an investment and when is a trade a trade?

Tax legislation very helpfully defines a trade as “any venture in the nature of trade.” Due to the ambiguity of this approach the decision has largely been left to the courts to decide using a set of guidelines called the Badges of Trade. Generally, these take into consideration such things as the frequency of transactions, the length of ownership, the method of sale and motives.

Very broadly speaking we can compare flipping properties to selling bananas. We buy bananas at wholesale prices and sell them on at a higher price to generate a profit, making it a trade. However, with regards to rental properties, they are comparable to buying shares in the banana-trading company. Over time we will be paid dividends from the company and hopefully the price of those shares will gradually increase, thus making it an investment.

This is obviously very simplified but I hope you get the idea. These points are examined in great detail on our fabulous Asset Protection course along with many of the other financial and legal considerations that fall under the eye of HMRC. So before we disappear completely down the taxation rabbit hole, let’s move on to the different types of investment property.

Investment property types

What is an investment property? Well in the UK it will be one of only three types:

  • Residential use
  • Commercial use
  • Mixed use

As its name suggests, residential use properties are those in which a tenant resides in return for paying rent. Residential lettings are the bread-and-butter of most property investors and with an ever-increasing demand for housing, there will continue to be growth in the market.

Commercial properties are any buildings used for business purposes. These can be workshops, small shops, industrial units and yards, so the customer base can be quite varied. Commercial property demand can fluctuate as the economy and business trends change, so it is important to be well informed before taking your first leap.

Mixed use properties combine residential use with commercial use. Think along the lines of a barber shop with a residential flat above it. As an investment these offer flexibility, and a trained eye will see great potential to increase their returns.

Knowledge first, investing second

What starts with a simple question can rapidly grow wings and take off. However, understanding a few basic concepts will build your foundations and give you a solid base from which to evade costly mistakes. It can be easy to become seduced by the glittery pound signs of temptation, just be smart and invest in some knowledge first to allow yourself to make informed decisions. A great starting point is a live Asset Academy Discovery Training Webinar, it’s an absolutely free one hour of property investing basics.

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    • We offer a ‘Money Back Guarantee’ on selected trainings subject certain criteria being met. This is in addition to and does not affect your legal rights. If the training which you have signed up for is eligible for this guarantee it will be made explicit prior to when the product is sold to you. Should you have a claim under any money back guarantee for any training you must:
      • Leave the seminar on the first day before midday;
      • Inform the company you left the seminar and request a refund in writing, which may be by email, within twenty-four hours;
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    • The Mentorship Guarantee only is subject to the following terms:
      • If you do not get two bona fide property deals within one year of starting your mentorship:
        We will first provide a further mentorship programme for a period of six month; after which if you do not get two bona fide property deals within the extended mentorship programme you will be entitled to a refund for the cost of the Mentorship.
      • Any refund excludes any amounts you have paid for Seminars or goods.
      • To be entitled under 13.3.1 and 13.3.2, you must:
        • Attend all Seminars booked and all mentorship arrangements;
        • Attend all networking meetings included within your package and all symposium events throughout your contract period;
        • Publish regular posts on our community Facebook page of questions and challenges;
        • Follow all actions agreed with your mentor and where not followed, the reasons why before the next session to reset action;
        • View a minimum number of properties a month as agreed with your mentor;
        • Provide evidence of property viewings;
        • Provide evidence of a minimum of offers to acquire property per month as agreed with your mentor;
      • If you are unable to demonstrate compliance with the criteria above to Our satisfaction, you will not be entitled to receive a refund.
      • Any refund made under this clause will be to the method you used to pay when entering the Agreement or making subsequent payments.
  • Failure to Attend
    • If you fail to attend a Seminar and have not made a change under clause 7 you will forfeit any amounts that you have paid for that Seminar.
    • In any event your attendance on Seminars must take place within 9 months of the date of sale including (but not limited to) instances where you have varied the booking date unless specifically agreed otherwise at our discretion.
  • Terminating or Ending the contract
    • You can end your contract with Us by writing to Us, which may be by email. Your rights when you end the contract will depend on what you have booked, and the reasons for ending the contract;
    • If what you have bought is faulty or misdescribed you may have a legal right to end the contract:
      • If the Services, goods or digital content are faulty or not as expected or anticipated you have a responsibility to notify Us within three working days of being provided the Services or goods or within three working days of accessing digital content.
      • Where Services, goods or digital content are not as expected or anticipated, you have a responsibility to explain why those Services, goods or digital content are not as expected or anticipated with specific reference to the promotional material, Agreement and contractual arrangements.
      • Where it is accepted that your expectation or anticipation of the Services, goods or digital content was not met when reasonably considering the promotional material, Agreement and contractual arrangements You have a responsibility to permit us to rectify the provision of those Services, goods or digital content.
      • If you have changed your mind and you have purchased a promotional offer or a discounted course, we cannot refund your monies. We will endeavour to assist with amending your purchase to a number of alternative options. Any alternatives selected, will be subject to additional costs being covered by you. For any online or over the telephone purchases, in line with Consumer Contracts Regulations 2013, where an amendment does not work for you, you have a legal right to have a refund in full, subject to any deductions, where the request is made in writing, within 14 days of the purchase date.
    • If you End the contract because of something We have done or are going to do and you have a valid reason, the contract will end immediately, and We will refund you in full for any Seminars which have not been provided and you may also be entitled to compensation.
    • Valid reasons under Clause 15.3 include:
      • We have told you about an upcoming change under clause 8.3 which you do not agree to;
      • We have told you about an error in the price or description of the Seminar and you do not wish to proceed;
      • There is a risk that supply of the Seminar or any Product(s) may be significantly delayed because of events outside Our control; or
      • You have a legal right to end the contract because of something We have done wrong.
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • You do not have a right to change your mind in respect of:
      • Services (including seminar), once these have been completed, even if the cancellation period is still running;
      • Digital products after you have started to download or stream;
      • Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
      • Any Products which become mixed inseparably with other items after their delivery; and
      • Any products purchase in person and therefore not online or over the telephone.
    • How long you have to change your mind depends on what you have ordered and how it is delivered.
    • If you purchased services or products over the internet or over the telephone, you have 14 days after the day We email you to confirm We accept the Agreement. This is subject to clause 15.6.1.
    • If you have bought digital content for download or streaming, you have 14 days after the day We email you to confirm We accept the Agreement, or, if earlier, until you start downloading or streaming. This is subject to clause 15.6.2.
    • If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods if purchased over the internet or telephone, unless:
      • Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
      • Your goods are split into several deliveries over different days. In this case you have until 14 days after the day (or someone you nominate) receives the last delivery to change your mind about the goods.
    • To end the contract with Us, please let Us know by doing the following:
      • Emailing Us at customerservice@assetacademy.co.uk
      • Writing to Us at Rayner Essex LLP, Entrance D, Tavistock House South, Tavistock Square, London WC1H 9LG.
      • Provide your name, home address, details of the Booking and, where available, your phone number and email address.
    • If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to Us. You must either return the goods in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect from you.
    • We will refund you the price you paid for the Products and any Seminar(s) including delivery costs, by the method you used for payment. However, We may make deductions form the price as described below.
    • We may make deductions in relation to damage or wear and tear by you handling goods.
    • We may make deductions in relation to Services an amount attributed to services provided.
    • We may make deductions in relation to administrative costs incurred by us.
    • We may end the contract at any time by writing to you if You do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding you that payment is due.
    • We may end the contract if You do not, within a reasonable time of Us asking for it, provide Us with information for Us to provide the Products(s) or Seminar(s);
    • We may end the contract if You do not, within a reasonable time, allow Us to deliver the product or seminar to you;
    • If we end the contract we will refund any money you have paid in advance for products or Seminars We have not provided.
  • Complaints
    • If you have any questions or complaints about the Product, please contact Us on 02089966700 or email Us at customerservice@assetacademy.co.uk.
    • If you contact Us in relation to a complaint, you will be asked to do so in writing. We will also ask you to be specific with your complaint so we may consider how we deliver Our Services and Goods.
    • Your key legal rights
    • This is a summary of your legal rights.
    • If your Product is goods, during the expected life of the Product your legal rights entitle you to:
      • If the goods are faulty, you will be entitled to a refund from up to 30 days from the later of the date of purchase or date of delivery/receipt.
      • If the goods are faulty and can not be repaired or replaced, you will be entitled to a full refund in most cases within six months from the later of the date of purchase or date of delivery/receipt.
      • If the goods have an expected life span up to six years, you may be entitled to a repair or replacement or part refund.
      • If your Product is ‘digital content’, which includes online information or courses, the content must be as described, fit for purpose and of satisfactory quality. If the digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you may be entitled to a part or full refund. If the fault has resulted in damage to your device and you are able to demonstrate the fault damaged your device and we have not taken reasonable care and skill, you may be entitled to a repair or compensation.
      • If your product is services:
        • You can request the service is repeated or fixed if it is not carried out with reasonable care and skill. You may also be entitled to a part or full refund if the service can not be repeated or fixed.
        • If you have not agreed a price for services in advance or a time for the provision of services, what you are requested to pay and the services performed must be reasonable and in a reasonable time.
      • If you wish to exercise your legal rights to reject products you must either return them in person to where you purchased them or post them back to us or allow them to be collected from you. We will pay the costs of postage or collection.
  • Price and payment
    • Where appropriate, our prices will be set out on our website. Prices will also be set out on a relevant price list to the product or services being offered.
    • Your Agreement will set out the prices.
    • We take reasonable care to ensure that prices are correct although if we discover an error ahead of accepting the Agreement or Booking, we will notify you.
    • If we accept the Agreement where a pricing error is obvious and unmistakeable and could reasonably be expected to have been an error, we may end the contract and refund you in full. If you have received product we may adjust the refund by the price of the product provided.
    • Our prices may change at our discretion from time to time. Price changes will not affect Agreements already entered.
    • Published prices including those on our price lists will be inclusive of VAT. We will adjust the price lists for adjustments to the rate of VAT.
    • If you do not pay the full price at the date of booking, you will be required to pay the outstanding balance of the price before delivery of product or services.
    • If you agree a payment arrangement with us, setting up the arrangement and subsequent payments will be subject to an administration charge. The administration charge will be provided to you upon request to enter into such an arrangement.
    • If you do not make any payment due to us by the due date for payment, we may charge interest on the overdue amount at 3% above LIBOR. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
  • Foreseeable loss or damage suffered by you
    • We are responsible for foreseeable loss or damage you suffer if We fail to comply with these terms or If We fail to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Foreseeable loss or damage is that which both We and you knew it might happen or considered obvious to occur in the event that We fail to comply with these terms or use reasonable care. Both We and you would know about a foreseeable loss or damage if it were discussed with Us before entering the contract.
    • Our liability under clause 18.1 is limited to the Contract Price.
    • We are not liable in contract, tort or otherwise if you use the products for any commercial, business or re-sale purpose. We are not liable for any increased costs, expenses, loss of profit, loss of revenue, loss of contracts, business interruption, loss of business opportunity or any special, indirect, consequential damage of any nature whatsoever.
    • The only warranties we grant those set our herein.
  • Our liability to you
    • We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • Our Services are intended for non-commercial use only. We make no warranty or representation that the Services are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Our Services are for education and training course purposes and any supporting documentation is for education and training purposes, We are not engaged in rendering legal, accounting, or other professional opinions. If legal advice or other expert assistance is required, the services of a competent professional should be sought. You are not permitted to use any information gained from the Services to teach the information to other people ,publish, print, or otherwise distribute the information , record or film any of the Services , divulge any information shared in confidence by other delegates , you agree to keep any case studies discussed during the Services confidential.
    • We shall not be liable for any incidental or consequential damages. Our liability under these terms is limited to the price paid by you for the services and goods that are the subject of a dispute. In no event shall we be liable for any loss or profits of any other commercial damage, including but not limited to special, indirect, exemplary, incidental, consequential, punitive or other damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This limited paragraph gives you specific legal rights which vary from jurisdiction to jurisdiction. The terms ‘Company’ ‘We’ ‘Our’ or ‘Ours’ as used only in this paragraph shall include the parent entity, subsidiaries, affiliates, officers, successors and assigns.
    • We do not exclude or limit in any way Our liability for:
      • Death or personal injury caused by Our negligence of Our employee, agents or subcontractors; and
      • Fraud or fraudulent misrepresentation.
  • Events outside our control
    • An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock outs or other household action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    • If an Event Outside Our Control takes place that affects or delays the performance of Our obligations under these terms:
      • We will contact you as soon as reasonably possible to notify you and we will take steps to minimise the effect of the delay; and
      • Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Events Outside Our Control is over.
      • Provided we comply with clause 20 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under Terms that is caused by an Event Outside Our Control.
      • You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our Cancellation rights in clause 15.
  • Personal Information
    • We will use the personal information you provide to Us to:
      • Provide the Services and Goods;
      • Process your payment for the Services and Goods; and
      • Inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
    • You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search they do.
    • We will not give your personal data to any other third party, other than in accordance with clause 21.4.
    • We may authorise a third party to process your personal information that you provide us for the purposes of providing you the Services.
  • Other important terms
    • We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. If you are unhappy with the transfer you may contact Us to end the contract within 4 weeks of Us telling you about it and We will refund you any payments you have made in advance for Services not provided.
    • You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
    • This contract is between you and Us. No other person shall have rights to enforce any of its terms.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. For example, if you miss a payment and We do not chase you but We continue to provide Services, We can still require you to make the payment at a later date.
    • If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
    • We and you agree to use our best efforts to negotiate in good faith and settle amicably any dispute arising between us. If any such dispute cannot be settled amicably through ordinary negotiations, we agree to refer the matter to a mediator to be agreed between us.
    • These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts.
23 Entire agreement

This agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.

Each party acknowledges that it has not entered into this agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this agreement except in the case of fraudulent misrepresentation. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this agreement.

Privacy policy

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to goods and services we offer to individuals and our wider operations in the European Economic Area (EEA).

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our

Asset Academy Ltd, a company incorporated in UK with Company registration Number 12363263, Asset Academy Coaching Ltd a company incorporated in UK with Company registration Number 12549701, Asset Academy International Ltd a company incorporated in UK with Company registration Number 13135704, Mayflower Alliance Ltd a company incorporated in UK with Company registration Number 12276591 each located at Rayner Essex LLP, Entrance D, Tavistock House South, Tavistock Square, London WC1H 9LG

Our data protection officers

Kirsty Roberts: kirsty@assetacademy.co.uk

Personal data

Any information relating to an identified or identifiable individual

Special category personal data

Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data (when processed to uniquely identify an individual)

Data concerning health, sex life or sexual orientation

Data subject

The individual who the personal data relates to

Personal data we collect about you

We may collect and use the following personal data about you:

  • your name and contact information, including email address and telephone number and company details
  • information to check and verify your identity, eg your date of birth
  • your gender, if you choose to give this to us
  • location data, if you choose to give this to us
  • your billing information, transaction and payment card information
  • your personal or professional interests
  • your professional online presence, eg LinkedIn profile
  • your contact history, purchase history and saved items
  • information from accounts you link to us, eg Facebook
  • information to enable us to undertake credit or other financial checks on you
  • Information about how you use our website, IT, communication and other systems
  • your responses to surveys, competitions and promotions
  • information relating to property owned or acquired and to investments held

We collect and use this personal data to provide products and services to you. If you do not provide personal data we ask for, it may delay or prevent us from providing products and services to you.

How your personal data is collected

We collect most of this personal data directly from you—in person, by telephone, text or email and/or via our website and apps. However, we may also collect information:

  • from publicly accessible sources, eg Companies House or HM Land Registry;
  • directly from a third party, eg:
    • sanctions screening providers;
    • credit reference agencies;
    • customer due diligence providers;
  • from a third party with your consent,
  • from cookies on our website—for more information on our use of cookies, please see our cookie policy which is available on our website
  • via our IT systems, eg:
    • through automated monitoring of our websites and other technical systems, such as communications systems, email and instant messaging systems;

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason, eg:

  • where you have given consent;
  • to comply with our legal and regulatory obligations;
  • for the performance of a contract with you or to take steps at your request before entering into a contract; or
  • for our legitimate interests or those of a third party.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.

The table below explains what we use your personal data for and why.

What we use your personal data for

Our reasons

Providing products and services to you

To perform our contract with you or to take steps at your request before entering into a contract

Preventing and detecting fraud against you or us

For our legitimate interests or those of a third party, ie to minimise fraud that could be damaging for you and/or us

Conducting checks to identify our customers and verify their identity

Screening for financial and other sanctions or embargoes

Other activities necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety law or rules issued by our professional regulator

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, eg policies covering security and internet use

For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service to you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, ie to protect trade secrets and other commercially valuable information

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service to you at the best price

Preventing unauthorised access and modifications to systems

For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for you and/or us

To comply with our legal and regulatory obligations

Updating and enhancing customer records

To perform our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our customers about existing orders and new products

Statutory returns

To comply with our legal and regulatory obligations

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services and those of selected third parties to:

—existing and former customers;

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party, ie to promote our business to existing and former customers

Credit reference checks via external credit reference agencies

For our legitimate interests or those of a third party, ie to ensure our customers are likely to be able to pay for our products and services

External audits and quality checks, eg for ISO or Investors in People accreditation and the audit of our accounts

For our legitimate interests or a those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

Where we process special category personal data, we will also ensure we are permitted to do so under data protection laws, eg:

  • we have your explicit consent;
  • the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
  • the processing is necessary to establish, exercise or defend legal claims.

Marketing

We may use your personal data to send you updates (by email, text message, telephone or post) about our products and services, including exclusive offers, promotions or new products and services.

We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

We may ask you to confirm or update your marketing preferences if you ask us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

We will always treat your personal data with the utmost respect and never sell or share it with other organisations outside the Asset Academy group for marketing purposes.

Who we share your personal data with

We routinely share personal data with:

  • companies within the Asset Academy group
  • third parties we use to help deliver our products and services to you, eg seminar speakers, coaches, mentors, help desk, customer reviews and delivery companies;
  • other third parties we use to help us run our business, eg marketing agencies or website hosts;
  • third parties approved by you, eg social media sites you choose to link your account to or third party payment providers;
  • credit reference agencies;
  • our insurers and brokers;
  • our banks;

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.

We may also need to:

  • share personal data with external auditors, eg in relation to ISO or Investors in People accreditation and the audit of our accounts;
  • disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations;
  • share some personal data with other parties, such as potential buyers of some or all of our business or during a restructuring—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations.

If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).

We will not share your personal data with any other third party.

Where your personal data is held

Personal data may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’).

Some of these third parties may be based outside the UK. For more information, including on how we safeguard your personal data when this happens, see below: ‘Transferring your personal data out of the UK and EEA’.

How long your personal data will be kept

We will keep your personal data while you have an account with us or we are providing products and services to you. Thereafter, we will keep your personal data for as long as is necessary:

  • to respond to any questions, complaints or claims made by you or on your behalf;
  • to show that we treated you fairly;
  • to keep records required by law.

We will not keep your personal data for longer than necessary. Different retention periods apply for different types of personal data.

When it is no longer necessary to keep your personal data, we will delete or anonymise it.

Transferring your personal data out of the UK and EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the UK/EEA, eg:

  • with our offices or other companies within our group located outside the UK/EEA;
  • with your and our service providers located outside the UK/EEA;
  • if you are based outside the UK/EEA;
  • where there is a European and/or international dimension to the services we are providing to you.

Under data protection law, we can only transfer your personal data to a country or international organisation outside the UK/EEA where:

  • the UK government or, where the EU GDPR applies, the European Commission has decided the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’);
  • there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or
  • a specific exception applies under data protection law

These are explained below.

Adequacy decision

We may transfer your personal data to certain countries, on the basis of an adequacy decision. These include:

  • all European Union countries, plus Iceland, Liechtenstein and Norway (collectively known as the ‘EEA’);
  • Gibraltar; and
  • Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay.

The list of countries that benefit from adequacy decisions will change from time to time. We will always seek to rely on an adequacy decision, where one exists.

Other countries or international organisations we are likely to transfer personal data to do not have the benefit of an adequacy decision. This does not necessarily mean they provide poor protection for personal data, but we must look at alternative grounds for transferring the personal data, such as ensuring appropriate safeguards are in place or relying on an exception, as explained below.

Transfers with appropriate safeguards

Where there is no adequacy decision, we may transfer your personal data to another country or international organisation if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects.

The safeguards will usually include using legally-approved standard data protection contract clauses.

To obtain a copy of the standard data protection contract clauses and further information about relevant safeguards please contact us (see ‘How to contact us’ below).

Transfers under an exception

In the absence of an adequacy decision or appropriate safeguards, we may transfer personal data to a third country or international organisation where an exception applies under relevant data protection law, eg:

  • you have explicitly consented to the proposed transfer after having been informed of the possible risks;
  • the transfer is necessary for the performance of a contract between us or to take pre-contract measures at your request;
  • the transfer is necessary for a contract in your interests, between us and another person; or
  • the transfer is necessary to establish, exercise or defend legal claims

We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal data on this ground.

Further information

If you would like further information about data transferred outside the UK/EEA, please contact us (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access

The right to be provided with a copy of your personal data

Rectification

The right to require us to correct any mistakes in your personal data

Erasure (also known as the right to be forgotten)

The right to require us to delete your personal data—in certain situations

Restriction of processing

The right to require us to restrict processing of your personal data in certain circumstances, eg if you contest the accuracy of the data

Data portability

The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

To object

The right to object:

—at any time to your personal data being processed for direct marketing (including profiling);

—in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.

Not to be subject to automated individual decision making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.

If you would like to exercise any of those rights, please:

  • email, call or write to us—see below: ‘How to contact us’; and
  • provide enough information to identify yourself (eg your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you;
  • let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

Please contact us if you have any query or concern about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner or any relevant European data protection supervisory authority. The Information Commissioner may be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

Changes to this privacy policy

This privacy notice was published on 13 July 2021.

We may change this privacy notice from time to time—when we do we will inform you via [insert mechanism for informing the data subject of changes to the notice, eg our website or other means of contact such as email].

How to contact us

Individuals in the UK

You can contact us[ and/or our Data Protection Officer] by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

Our contact details:

Email: customerservice@assetacademy.co.uk

Tel: 0208 996 6700

Asset Academy
Rayner Essex LLP, Entrance D, Tavistock House South, Tavistock Square, London WC1H 9LG

Individuals in the EEA

Individuals within the EEA can contact us direct (see above).

Do you need extra help?

If you would like this notice in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).

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Terms & Conditions

St Reylinsburg Limited

  • THESE TERMS
    • What these terms cover. These terms and conditions (terms) are the terms under which we supply, in any media, our materials, notes, systems, services and teachings exclusively for the course for which you have registered (Materials) to you.
    • Why you should read them. Please read these terms carefully before you sign up. These terms tell you who we are, how we will provide you access to the Materials, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
  • INFORMATION ABOUT US
    • Who are we. We are St Reylinsburg Limited (St Reylinsburg, we or us) a company registered in England and Wales with registration number 12615538. Our registered address is 1st Floor, Units 3 & 4 Cranmere Court Lustleigh Close, Matford Business Park, Exeter, Devon, United Kingdom, EX2 8PW.
  • HOW TO CONTACT US
    • Given the nature of our business, you will receive a quicker response to queries from us by contacting us via email. If you do wish to email us, please do so by emailing us at hello@angelmastery.com.
  • HOW WE MAY CONTACT YOU
    • If we have to contact you we will do so by writing to you at the email address you provided to us when you registered.
  • OUR CONTRACT WITH YOU
    • How we will accept you onto the course. We will email you to confirm that you have been accepted on the course for which you have registered, at which point a contract will come into existence between you and us and you will be considered to have placed an order for the Materials.
    • If we cannot accept you. If we are unable to accept you onto the course that you have requested or the course for which you have registered, we will inform you in writing and will not charge you.
    • Your email address. Your email address will form part of your login details, and we will use your email address to identify you whenever you contact us.
  • INTELLECTUAL PROPERTY AND CONFIDENTIALITY
    • Confidentiality. Given the nature of the Materials and ancillary products and services being provided you agree not to make available or divulge to any party, without our prior written approval, any of the Materials or related products and services, as this could have an adverse impact on our business. By placing an order with us, you acknowledge that, if you allow any of these Materials to be made available to any other person or any other party without our prior written approval, we may take legal action against you.
    • Intellectual property rights in the Materials. All intellectual property rights (including, but not limited to, copyright) in any Materials or related products and services made available to you belong to us.
    • A licence to use the Materials. When we accept your order, we are granting you a non-transferrable, non-sub-licensable, non-exclusive license to use the Materials. That licence will terminate upon termination of this agreement.
    • How you may use the Materials. You agree and confirm that you will use the Materials provided by us only for your own purposes and will not, without our prior written approval, copy, make available, retransmit, reproduce, sell, license, distribute, publish, broadcast or otherwise circulate the Materials (or any part of them) other than in connection with the use allowed under these terms.
    • Usernames and passwords. Usernames and passwords are for personal use only and should not be passed to or made known to anyone else.
    • Material breach of the contract. Breach of this clause 5 will be deemed by us to be a “material breach” allowing us to immediately suspend or withdraw your access to the Materials and terminate the contract between you and us in accordance with clause 9. This clause 5 survives termination of the contract.
  • RELIANCE ON THE MATERIALS
    • Accuracy of the website and information provided. While we will endeavour to ensure that the information on the website and in the Materials is correct, we do not warrant the accuracy and completeness of that information or the Materials. Any reliance you place on the Materials is at your own risk. You need to make your own enquiries to determine if the information in the Materials is appropriate for your intended use.
    • Changes to the Materials. We may make changes to the Materials or to the prices at any time, although we will provide notice of substantive changes to the St Reylinsburg Privacy Policy. We will use our reasonable endeavours to inform you if we update the Materials.
    • The Materials will match their description. The Materials are provided ‘as is,’ without any conditions, warranties, or other terms of any kind, provided that the Materials will always match the description that we provided to you before you signed up.
  • PROVIDING ACCESS TO THE MATERIALS
    • Access to the Materials. Unless prevented by an event outside of our control, we will make the Materials accessible and available for download by you as soon as we accept your order, until either you end the contract as described in clauses 9 and 10 or until we end the contract by written notice to you as described in clause 11.
    • We are not responsible for delays outside our control. If our supply of the Materials is delayed by any act, event, omission or accident beyond or outside our control, including (without limitation), strike, other industrial disputes, act of God, fire, flood, disease, epidemic, pandemic or storm, war, riot, hostilities (whether war is declared or not), armed conflict or terrorist attack, nuclear, chemical or biological contamination, civil commotion or failure of infrastructure, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for delays caused by that event.
    • What will happen if you do not give required information to us. We may need certain information from you to provide you with access to the Materials (such as your email address). If you fail to provide that information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be liable for supplying the Materials late if you have not provided us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of the Materials to you. We may suspend your access to the Materials to:
      • ensure that they comply with the latest version of an operating system; or
      • add new features to the Materials; or
      • deal with maintenance issues or technical problems or to make minor technical changes; or
      • update the Materials to reflect changes in relevant laws and regulatory requirements.
    • You will receive access only to the Materials that you pay for. If you pay in full when you register for a course, you will receive access to 100% of the Materials for that course. If you choose to pay for the course in instalments, we reserve the right to decide to which Materials for that course you will receive access. For example, when you pay the first instalment you will receive access to the video lessons which form part of the Materials for that course. Upon payment of the second instalment, you will receive access to the additional content that forms part of the Materials for that course, such as template legal documents.
  • PAYMENT
    • Where to find the price for the Materials. The price of the Materials will be the price indicated when you sign up. We take all reasonable care to ensure that the price of the Materials advised to you is correct. However, please see clause 8.4 for what happens if we discover an error in the price of the Materials.
    • When you must pay. You must pay when you sign up in order to receive access to the Materials.
    • What will happen if you do not pay. If you do not pay any outstanding sum, you will not receive access to the remaining Materials for the course for which you have registered.
    • What to do if you think the price is wrong. It is always possible that, despite our best efforts, the prices might be incorrectly displayed. We will normally check prices before accepting your order so that, if there is any discrepancy, we will contact you for your instructions before we accept your order.
  • YOUR RIGHTS TO END THE CONTRACT
    • You can always end your contract with us. Your rights on ending the contract with us will depend on when you decide to end the contract:
      • if you have simply changed your mind, see clause 9.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      • in all other cases provided we are not at fault, see clause 9.4.
    • How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming the Materials.
    • When you don't have the right to change your mind. By downloading or streaming or using any of the Materials (or any part of them), you agree that you no longer have the right to request a refund.
    • Ending the contract where we are not at fault and the right to change your mind has expired. Even if we are not at fault and you do not have a right to change your mind, you may still be able to end the contract before it is completed, but you may have to pay us compensation. A contract for digital content, in this case the Materials, is completed when you download or stream or use the content you have paid for. If you want to end a contract before it is completed, where we are not at fault and the 14 day cooling-off period has expired, simply contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
    • Our money back guarantee. If, by the date 6 months after you have completed the course, you would like your money back, we will refund you in accordance with clause 10.2. Our only conditions to granting you that refund are that you have completed the course in full, which means that:
      • you have completed all of your assignments in the course, earning a mark of at least 50% in each assignment;
      • you have undertaken all of the home work where required; and
      • you have watched all of the video content;
      • you can demonstrate you have completed all of the required action steps as set out in the Materials.
  • HOW YOU SHOULD END THE CONTRACT
    • Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [EMAIL ADDRESS]. Please provide your name, and email address.
    • How and when we will refund you. We will refund you the price you paid for the products by the method you used for payment. We will make any refunds due to you as soon as possible, and in any event your refund will be made within 14 days of your telling us you have changed your mind.
  • OUR RIGHTS TO END THE CONTRACT
    • We may end the contract if you break it. We may end the contract at any time by writing to you if:
      • you breach any of these terms;
      • you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Materials or any ancillary products or services; or
      • you do not, within a reasonable time, allow us to supply the Materials or any ancillary products or services.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 above, we will refund any money you have paid in advance for Materials or products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw access to the Materials. We may let you know that we are going to stop providing certain digital content. We will let you know as soon as reasonably possible and will refund any sums you have paid in advance for the Materials which will not be provided.
  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. However you acknowledge that we do not provide financial, legal or accounting advice. We are not authorised by the FCA or other body to do so and as such this does not form part of the contract. You acknowledge that any opinions or comments are followed at your own risk. Accordingly, you agree to accept full responsibility for the outcome of any decision made after downloading or streaming any of the Materials and/or taking part in the course for which you registered. St Reylinsburg and its affiliates, associates and any of its representatives do not accept responsibility or liability for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by you as a result of those decisions.
    • We are not responsible to you for loss as result of your negligence. We are not liable for losses arising from your negligence.
    • When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    • We are not liable for business losses. If you use the Materials for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • Our liability to you is limited. Our liability to you (except where our liability cannot be limited or excluded) will be limited to the full amount paid by you for the Materials.
  • GENERAL
    • There are no other agreements between us. These terms constitute the entire agreement and understanding between us.
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our approval to transfer your rights to someone else. You may only transfer your rights or the Materials (or any part of them) or your obligations under these terms to another person if we agree to this in writing. We may not agree if you have already downloaded or streamed the Materials.
    • Nobody else, except for our affiliates, has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms, except for our affiliates, who will be entitled to rely on clause 12.
    • If a court finds part of these terms invalid or illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are invalid or unlawful, the remaining clauses will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Materials, we can still require you to make the payment at a later date.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes email.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Materials and any ancillary products and services in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
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