Terms & Conditions:
By using or downloading the Start with Five App or accessing or using the website, you indicate acceptance of the following Terms and Conditions.
This website or application is operated by Start with Five LLC (“Company” or “Start with Five” or “we” or “our” or “us”), a Delaware registered limited liability company with 15 years’ experience in Real Estate Development. The Company is privately owned with no annual or quarterly report filings to the Security and Exchange Commission. We are not a financial broker and DO NOT re-invest any raised capital in other real estate funds, stock market or lend money to third parties. Any raised capital develops projects within our own program available via a mobile application or web device.
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EACH INVESTMENT IS GOVERNED BY A SEPARATE AGREEMENT MADE AND SIGNED BY "US" AND THE POTENTIAL INVESTOR. THESE TERMS AND CONDITIONS DESCRIBE USE OF OUR WEBSITE AND MOBILE APPLICATION.
1. ACCEPTANCE OF TERMS AND CONDITIONS:
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a. Introduction: These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”) govern your access and use of the Website:https://www.startwithfiveapp.com/ and or downloading our mobile application (the “Start with Five App”), including any content, component, functionality and/or service offered on or through Website or Start with Five App (collectively and together with Website and Start with Five App, the “Platform”) owned or controlled by the Company, as a registered user of the Platform (a “user” or “User”). All reference to “you” or “your”, as applicable, mean a user and/or the Person who accesses, uses and/or participates in Platform in any manner, and such Person’s heirs, assigns, and successors. If you use the Platform on behalf of an entity, “you” or “your,” as applicable, means that entity and its affiliates and their respective directors, officers, employees, and agents.
b. Acceptance of these Terms: BY USING OR DOWNLOADING THE START WITH FIVE APP OR ACCESSING OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS ON YOUR OWN BEHALF AND ON BEHALF OF ANY ORGANIZATION YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY UPDATES TO OR MODIFIED VERSIONS THEREOF), YOU SHOULD DISCONTINUE THE USE OF THE PLATFORM IMMEDIATELY.
c. Your Duty to Regularly Review these Terms: Your use of Platform is governed by the version of the Terms in effect on the date Platform is accessed by you. The company may modify these Terms at any time and without notice. You should review the most current version of these Terms by regularly visiting Platform and clicking on the Terms and Conditions hyperlink.
d. Third-Party Provider Services: The Platform may offer you the option to enter into relationships and agreements with Third-Party Providers for access to additional services, As a condition to having access to those Third-Party Provider services, you may be required to enter into various agreements with a Third-Party Provider such as, for example, any customer, service or account agreements. Provided that Start with Five or Start with Five does not make any representation as to the expertise or qualification of any Third-Party Provider and shall not have any liability that may arise pursuant to your engagement, arrangement or agreement with the Third-Party Provider
2. GENERAL:
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The Platform may include or make available certain content (the “Content”), which includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, educational material and information and data concerning investments ; (3); account management tools; (5) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Company, and Marks owned by Third-Party Providers (defined below); and (6) any other information, content, services, or software. Certain Content is supplied, distributed, provided or delivered by a Third-Party Provider (the “Third-Party Content”) such as information, services or software, made available by, through or on the Platform.
3. LEGAL AGE:
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You must be at least 18 years of age to become a user of the Platform. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms of Use. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer its services to any person or entity and change its eligibility criteria at any time.
4. ACCOUNTS:
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To gain access to our Services, each client is required to sign-up on the Platform through the Start with Five App or website , which would require the provision of certain personally identifiable information, including but not limited to your name, your phone number, your address, your email address, social security number any other relevant information or details (“Client information”). You will select your own password at the time of registration, and you agree that:
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You are eighteen years of age and otherwise comply with applicable law;
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You will not use a username (or e-mail address) that is already being used by someone else, or that infringes the intellectual property or other right of any person or entity, or is offensive;
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You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process;
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You are solely responsible for all activities that occur under your Account, password, and username;
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You are solely responsible for maintaining the confidentiality of your password and for restricting access to your mobile device so that others may not access any password protected portion of Platform using your name, username, or password;
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You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and
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You will not sell, transfer, or assign your account or any Account rights.
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OPTING TO CREATE AN ACCOUNT ON THE PLATFORM, SATISFIES THAT YOU HAVE ACCEPTED ALL OUR TERMS AND CONDITIONS.
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If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account without recourse to you. You agree that you will make available upon request, up to date identification and any other additional information, in order to keep it true, accurate and current. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, with or without notice to you and without liability
5. MEANS OF ACCESS:
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The Website is generally intended to be viewed by a conventional web browser. The Platform can also be viewed on a device with an Android or iOS operating system. Although you may use other means to access the Platform, be aware that the Platform may not appear accurately through other access methods. You also agree that you use the devices or access the Platform only at your own risk.
6. ACCOUNT SECURITY:
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You are responsible for ensuring the safety of your Account. You must install the latest version of any mobile applications that we publish from time to time. These updates often include improved security or fixes for recently discovered vulnerabilities. We will take reasonable steps consistent with our legal duties to protect your Company Account and secure it, however we are not liable for security breaches that may occur where we have complied with those obligations.
7. SITE AVAILABILITY:
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While we have put resources into building and testing our application, glitches, slowdowns, and crashes may occur. We will also need to restrict access to some parts of our website/application to perform routine maintenance. While it is our intention that our website will be available seven days a week except when maintenance is scheduled (usually for weekends or any other day in the case of an emergency), you understand that we do not guarantee that you will always be able to access the Platform.
8. PRODUCT AVAILABILITY:
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We provide various investment products and services on the Platform which are obtainable to individuals who create an account and provide the necessary registration requirements. After which an array of investment products and services are available to the client. We are constantly improving our services on the Platform and therefore reserve the right to modify or change our Platform or any of our offerings, temporarily or permanently with or without prior notice to you.
9. RECOMMENDATIONS OR INVESTMENT ADVICE:
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WE ARE NOT A FINANCIAL ADVISOR. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold the Company or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider. Past performance data should not be construed as indicative of future results.
10. EXECUTION OF ORDERS:
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All transactions on Start with Five are executed through Start with Five or its financial partners. The decision to accept to reject a customer’s order is at the sole discretion of Start with Five and any of its financial partners. Transactions on the Platform are guided by applicable laws and regulations of the State of ___________ and Federal Laws of the United States of America.
11. ORDER CANCELLATION/ MODIFICATION:
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Customer acknowledges that it may not be possible to cancel/ modify an order and that the Customer is responsible for executions notwithstanding a cancel/modify request.
12. CONFIRMATION OF INVESTMENTS:
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All client investment orders accepted on Start with Five are backed-up by a confirmation message, while investment orders rejected receive a rejection message. However, confirmation or rejection messages may be delayed due to computer system issues. Therefore, the client is to monitor each investment order until Start with Five confirms the status of each transaction. Customer agrees to notify Start with Five immediately by telephone or electronically through the Start with Five website if:
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Customer fails to receive an accurate information on investment orders executed;
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Customer receives a confirmation for an investment order that the Customer did not place; or
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Customer receives an account statement, confirmation or other information reflecting inaccurate orders, balances, positions, or transaction history. Customer acknowledges that Start with Five may adjust Customer’s account to correct any error. Customer agrees to promptly return to Start with Five any assets erroneously distributed to Customer.
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13. CLIENT PROTECTION CLAUSE:
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Start with Five undertakes, to the extent required under law, to protect the privacy of all information provided by users of Start with Five except in instances of disclosure to law enforcement agencies and or statutory agencies to assist in the prevention or detection of fraud or other criminal activities.
14. CONTACT:
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If you require help or have questions or complaint about Start with Five, please contact us through the contact details available at: https://www.startwithfiveapp.com/contact
15. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOUR WARRANTIES:
You represent and warrant to Start with Five that:
(a) All information, including, without limitation, Client Information, that you provide to us is accurate and truthful,
(b) You have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy,
(c) Your acceptance and use of the Site and/or Application pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and
(d) The Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
DISCLAIMER OF WARRANTIES
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THE COMPANY MAKES NO WARRANTIES. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORM AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION OR ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
16. LIMITATION OF LIABILITY
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COMPANY AND THIRD PARTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE. COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF PLATFORM AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH COMPANY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
17. INTERNATIONAL USERS
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The Application is controlled, operated and administered by Start with Five LLC from our offices within the USA. If you access the application from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations
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18. CLASS ACTION WAIVER
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Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Start with Five agree otherwise, a court or arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding
19. GOVERNING LAW AND DISPUTE RESOLUTION
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To the maximum extent permitted by law, this agreement is governed by the laws of the State of DELAWARE and you hereby consent to submit any dispute that may arise between the Parties to binding arbitration pursuant the applicable laws of the State of DELAWARE.
20. ADVERTISERS
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The Platform may contain advertisements. The inclusion of advertisements on the Platform does not imply endorsement of the advertised products or services. The Start with Five shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Platform. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Platform. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
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21. INTELLECTUAL PROPERTY
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Start with Five logo, branding and other works in respect of which intellectual property rights may subsist shall remain the intellectual property of Start with Five and the rights in those works shall remain vested in Start with Five.
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22. MISCELLANEOUS
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Client agrees to the provision of this Terms in English and represents that the Client understands its terms and conditions. This Terms contains the entire agreement between the parties, who have made no other representations or warranties. If any provision of this Terms is unenforceable, it shall not invalidate other provisions. Failure of START WITH FIVE to enforce any term or condition of this Terms is not a waiver of the term/condition.
Client consents to recording of all its telephone conversations with Start with Five. Customer acknowledges the Company’s Privacy Policy and consents to collection/use of Customer information as described therein.
Client authorizes the Company, directly or through third parties, to make any inquiries that Start with Five considers necessary to conduct business with Client. This may include ordering a credit report and performing other credit checks in the event of any default or breach of the obligations herein by Client or verifying the information Customer provides against third party databases.
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23. DEFINITIONS
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Start with Five Account: is a Personal wallet account designated as a payment method to load funds.
Electronic Access Device: is any personal computer, telephone, mobile phone, smart phone, personal digital assistant, or any other electronic device, including wireless devices that allows you to access the Site or App..
PIN: is the confidential Personal Identification Number you select to identify yourself and to confirm transactions through Start with Five.
Transaction: means any loading of funds from a Funding Source to your Start with Five Account, any offloading of funds from an investment purchased to a Personal Deposit Account, and any Payment. Other eligibility criteria and enrolment requirements may be established periodically.
Registration: You will have access to Start with Five App upon registering and funding your account using E-bills Pay or a debit/credit card.
Insufficient Funds: This is when the funds are not sufficient in your payment source to complete the transaction. Note that if there are insufficient funds, we will not act on your Payment instruction.
Fees: This is the nominal amount payable when you make transactions/transfers. These fees are displayed before the transaction is committed.
Prohibitions on Use: These are the conditions of use for the Start with Five application. You undertake not to access or use Start with Five for any illegal, fraudulent, malicious or defamatory purpose.
Password and PIN Security: means terms of use for your security identification i.e. your Password, PIN and Identification Question must be unique and not easily guessed. You must always keep your Password, PIN and Identification Questions strictly confidential. You are also required to notify us immediately these details are compromised, or you become aware of any unusual, suspicious or fraudulent activity on your Start with Five account.
Release/Indemnities: you agree to release and indemnify the Start with Five LLC from any claim, cost and liability that may be incurred as a result of your breach of the terms and conditions of this Agreement.