Please read the following terms and conditions carefully. "overseasproperties4u.com" is a trading division of Tigon Management Services Limited (Company No. 5537075) whose registered office is at Brindley Close, Network 65, Burnley, Lancashire, BB11 5TD. Reference either to "overseasproperties4u.com", "we" or "us" in these terms is a reference to this Company. They set out the terms on which we will assist the purchaser(s) identified above ("Purchaser" or "you") to Reserve (defined below) the Property (defined below) and provide related Services (defined below).

In these Terms and Conditions, the following expressions shall have the meanings set opposite them (unless otherwise stated):-

• "Business Day" means any day of the week excluding Saturday, Sunday and public or bank holidays;
• "cancellation period" means the period as referred to in condition 6.1;
• "Management Fee" means the fee specified as such in the Particulars;
• "Particulars" means the specific terms set out at the front of the Reservation Form;
• "Promotional Material" means our brochures and promotional materials from time to time including without limitation the content of the website which we operate from www.overseasproperties4u.com;
• "Property" means the property specified in the Particulars;
• "Purchase Contract" means the Contract of Sale for the Property between the Purchaser and the Seller;
• "Purchase Price" means the purchase price of the Property as set out in the Particulars;
• "Purchaser(s)" means the person or persons identified in the Particulars;
• "Reservation" means the arrangement whereby during the Reservation Period the Property will be reserved solely in the name of the Purchaser(s) and for which period the Seller has confirmed to us that it will not sell the Property to any other person and "Reserve" has the same meaning;
• "Reservation Fee" means the fee specified as such in the Particulars;
• "Reservation Period" means the period starting on the date we receive your Reservation Form and ending either (i) on the date which is 30 Business Days later or (ii) if earlier, the date of Exchange of Purchase Contracts;
• "Seller" means the seller of the Property as identified in the Particulars;
• "Services" means the property search services to be provided by us during the Reservation Period; and
• "Third Party Services" means services provided by third parties relevant to the purchase of overseas properties (including without limitation, legal services, furnishing and rental management services, property inspection services, insurance services, travel services and banking facilities).

By completing and signing the Reservation Request Form and paying the Reservation Fee and the Management Fee, you are requesting us to place a Reservation over the Property in your name and provide related Services on these terms and conditions. By signing the Reservation Request Form, each Purchaser accepts and agrees to be bound (jointly and severally) by these terms and conditions which constitute the entire terms and conditions as are applicable to the agreement regarding Reservation of a Property in your name by us and all related Services.

You have the right to cancel your Reservation at any time within the period of 7 days from the date we shall confirm acceptance of your reservation ("cancellation period"), which may be sent by you by email to enquiries@overseasproperties4u.com or in writing to us at overseasproperties4u.com, Brindley Close, Network 65, Burnley, Lancashire, BB11 5TD. Notwithstanding any other provision, if we receive such notice to cancel within the cancellation period the Reservation Fee and Management Fee will be refunded in full.

The principle Service provided by us to you is in the search for an overseas property to introduce you to a Seller with a view to you entering into a contract to purchase a property from the Seller.

Subject to our validation checks being satisfied, we will confirm acceptance of your request in writing (including by way of email). A legally binding contract to make the Reservation and provide the Services will have been formed between us at the moment at which we send you this written confirmation. We will not be responsible if you fail to receive this confirmation or other information and documentation we provide as part of the Services where you have supplied us with incorrect contact details.

The purpose of the Reservation is to allow you further time to investigate and consider the purchase of the Property. This Agreement between us does not create and is not intended to create any contract, obligation, option or right for you to purchase the Property whether under English or any other law. The Reservation ensures that during the Reservation Period the Seller does not sell the Property to any other person. You acknowledge and accept that we are not the Seller of the Property and that we are acting purely as an intermediary and facilitator in securing a Reservation over the Property and providing the Services on the terms of this Agreement.

By signing a Purchase Contract, you will be agreeing (on an irrevocable basis) to enter into a legally binding contract with the Seller to purchase the Property on the terms set out in those contracts. Whereas we are happy to introduce you to a Seller, we are not responsible for the completion of any contract in relation to the sale of any property, all of which should be conducted by the solicitor appointed by you who we recommend is engaged to carry out all necessary checks as regards compliance with local planning and building regulation compliance. As noted on our website, we are happy to make introductions to solicitors who may act for you. You acknowledge and accept that we are not a party to the Purchase Contract and accordingly have no obligation or liability to you arising out of or in connection with such a Purchase Contract (including without limitation any liability whatsoever for any breach, non-performance of obligations or rescission of the Purchase Contract).

The terms and conditions of any Purchase Contract are separate from and do not form any part of the terms of this Agreement between us.

If you decide to purchase the Property, we will arrange for the Reservation Fee to be deducted from the deposit payable upon signing the Purchase Contract. You hereby authorise us to arrange this deduction on your behalf.

The Reservation Fee will be fully refundable to you if you elect for any reason not to proceed with the Property purchase or withdraw for any other reason prior to signing the Purchase Contract.

In the unlikely event that the Seller of the Property does not proceed to exchange of a Purchase Contract, we will refund both the Reservation Fee and the Management Fee to you in full.

The Management Fee is in addition to the Reservation Fee payable to secure the property and is the fee payable by you to us in respect of the Service as referred to in condition 2.2. If you decide not to purchase the Property prior to signing a Purchase Contract you acknowledge that overseasproperties4u.com shall be entitled to apply the Management Fee to cover expense of management time and other administration costs and accordingly the refund of the Management Fee in whole or in part will be at overseasproperties4u.com’s discretion.

We reserve the right to decline your Reservation request or cancel an existing Reservation in the following exceptional circumstances:

the occurrence of any events as are outside our reasonable control;

if we are unable to obtain the Reservation Fee in cleared funds;

if at any point during the Reservation Period the Seller instructs us to withdraw the Property from sale; and/or

if you are in breach of or abusing the terms and conditions.

We will notify you by post, telephone or e-mail if this is the case. Except where you are at fault, if we have to cancel your Reservation for any reason we use all reasonable endeavours to offer you a Reservation over an alternative Property of similar specification and price, but if we are unable to do so, or we do so but you elect not to proceed, we shall refund in full any Reservation Fee [and Management Fee] already paid. You confirm that we shall not be liable to you or to any third party as a result of any such cancellation.

We reserve the right at our sole discretion to extend the Reservation Period where there is good reason for doing so.

We will provide the Services in consideration of the Management Fee and subject to the terms and conditions of this Agreement.

You acknowledge and accept that:

during the Reservation Period you are solely responsible for satisfying yourself as to the suitability of the Property and the implications of purchase including without limitation carrying out your own independent checks of the information we have provided (including in relation to location and facilities), investigating legal issues (including in relation to title), reviewing the draft Purchase Contract and understanding the legal and financial implications of purchase;

the Purchase Price is subject to contract and property details and based upon information and instructions given to us by the Seller. Accordingly we will not be liable to you in the event the Seller varies the Purchase Price;

you are solely responsible for payment of the Purchase Price.

Whilst we make every effort to ensure the information we provide you is as accurate and complete as possible we cannot guarantee this will always be the case. The information we provide in our Promotional Materials and otherwise is based upon information supplied to us by the Seller. In the event of any inaccuracies in the information provided to you we will notify you and correct such inaccuracies as soon as practicable. All photographs, floor plans and drawings contained in our Promotional Materials or otherwise supplied to you and are for illustration purposes only and internal and external measurements given are approximate. Distances from villages, towns, historical places, airports and general locations are also approximate. We recommend that you carry out your own independent checks of this information and satisfy yourself as to the legal and financial implications of purchasing the Property before signing the Purchase Contract.

Although we make every effort to ensure Purchase Prices displayed are accurate, errors may sometimes occur. If at any time during the Reservation Period we discover an error in the Purchase Price, we will inform you as soon as possible. You will have the option of reconfirming your Reservation at the correct price or cancelling it and receiving a full refund of any Reservation Fees [and Management fee] already paid.

Any information contained in our Promotional Materials or which we otherwise provide to you as part of the Services is used at your own discretion and risk, and you will be solely responsible for checking that information and for any damage or loss that results from the use or download of any such information, content and/or material.

As part of the Services we will at your request provide you with details of Third Party Services which you may want to use in connection with your proposed purchase of the Property. You acknowledge and accept that:

we do not control and are not responsible for these Third Party Services and accordingly will not be responsible or liable for those Third Party Services;

we do not endorse, make any representations or give any warranties in relation to the Third Party Services; and

your use of the Third Party Services is entirely at your own risk and subject to separate terms and conditions to be agreed between you and the relevant third party.

We have taken every care in preparing the information and material made available to you as part of the Services. As we rely on third parties to source this information and material, we cannot guarantee that it will always be accurate and/or complete. To the extent permitted by applicable statute and common law, we disclaim all express and implied conditions, warranties and representations as to the accuracy and/or completeness of such information and material and the quality, method of construction and /or fit out of the Property.

We shall not be liable to you or to any other person (except where we have acted fraudulently) for any loss or damage which may arise out of or in connection with us making the Reservation on your behalf and/or providing you with the Services and/or the fitness for purpose or otherwise of the Property, including without limitation:

loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure; loss of privacy and/or loss of data;

additional and/or unexpected expenditure and/or costs (including legal costs);

further works required in relation to the Property;

loss or damage arising from or in connection with any of information or materials made available to you as part of the Services; and/or

any other loss or damage (including without limitation loss or damage which does not result directly from our actions).

We will not be liable to you for any delay or failure in making a Reservation or providing you with the Services where such delay or failure is due to circumstances beyond our control or the control of our group companies, agents and sub-contractors, including but not limited to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

Any liability we may have to you under this Agreement shall be limited at our discretion to offering you a Reservation over an alternative property of similar specification and price where available, or extending the Reservation Period for a further defined period at no extra cost to you and ultimately and where appropriate to reimbursement of all or any part of the Reservation Fee and Management Fee already paid.

Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

Nothing in the terms of the Agreement between us shall affect your statutory rights as a consumer.

We take all reasonable care to keep the personal and transactional information you provide us when requesting a Reservation and in the course of us providing you with the Services ("Personal Information") secure. We will only use your Personal Information for the purpose of securing the Reservation and providing you with the Services unless you authorise us to use it for other purposes.

Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any loss or damage you may suffer as a result of unauthorised access by a third party to your Personal Information. It is your responsibility to ensure the security of the information you provide us and avoid unauthorised access and/or use. You acknowledge that email correspondence with us is in the free format text and cannot be encrypted. Accordingly any sensitive information (including credit card details) which you send us by email is sent at your own risk.

For further details of our information practices please refer to our Privacy Policy which is available from our website.

Save as specifically provided in this Agreement a person who is not a party to this Agreement shall have no right under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any of its provisions. Our group companies, agents and subcontractors may enforce and rely upon any such provisions.

We reserve the right to change these terms and conditions from time to time. We will notify you of such changes by email and by posting a notice on our website.

We reserve the right to modify the whole or any part of the Services (including without limitation the materials and information we make available as part of the Services). We may seek to do so where any applicable provision is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction. If we are unable to modify the term or the Services to render them lawful, we reserve the right to terminate the provision of the Services. If we terminate in these circumstances you will be entitled where appropriate to a refund of the whole or any part of any Reservation Fee and any Management Fee already paid.

These terms and conditions and their application are governed by English law. You hereby irrevocably submit to the non-exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.