Service User Agreement
Company means: Total Buying Abroad Limited (registered company number: 9639451) whose registered office is at 9 Castle Street, Chester, CH1 2DS including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company.
Overseas Property Specialist(s) means: any person, persons, company, or companies that the Company introduces, recommends or suggest to a User including, but not limited to, law firms, lawyers, mortgage companies, mortgage advisors, currency exchange companies, removal companies, estate agents, untiltiy providers, insurance companies, healthcare advisors and financil advisors.
Work means: any activities or services carried out by Overseas Property Specialists.
Service(s) means: the services, procedures and information provided by the Company.
Third Party or Third Parties means: Person, persons, company or companies, websites or any other business or enterprise being other than the Company or a Overseas Property Specialist or a User
User(s) means: Person, persons, companies or other organisations using the Services of the Company to get information about Overseas Property Specialists.
User Information means: Any information a User provides to the Company.
Website means: The web space, pages, and the contents and graphics contained in such space or pages which are under the editorial control of authorised members of the Company.
- The use of the Service is not intended to and does not create a contractual professional relationship between an Overseas Property Specialist and a User. Establishment of a any such relationship must occur outside the scope of this Service.
- The Company does not practice law and does not provide legal services, legal advice or legal representation of any sort. Any information provided by the Company should not be construed as legal advice nor relied upon as such.
- The Company does not guarantee and is not responsible or liable for the quality or accuracy of any advice given by an Overseas Property Specialist or of any Work.
- The Company cannot accept any liability and shall not be liable in respect of any contract or other agreement entered into between the User and the Overseas Property Specialist or for any act or omission of the Overseas Property Specialist.
- The Company shall not be liable to the User for any dispute, act or omission resulting from any dealings between the User and the Overseas Property Specialist or for loss of any kind suffered by the User in respect of such agreement howsoever arising.
- The Company relies on the information provided to it by Users and Overseas Property Specialists but does not warrant the validity or accuracy of any such information.
- The Company provides no guarantee that an Overseas Property Specialist provided with the User Information will contact the User or will accept instructions from the User.
- Whilst the Company does carry out certain verification checks on Overseas Property Specialists it does not guarantee any specific accreditations, certifications, creditworthiness or registrations nor the validity or application of any documentation or information provided to it in support of the Company’s verification checks. The Company does not guarantee that any such documentation or information is valid or applicable to the User or the Work at the time that Work is undertaken.
- The User is solely responsible for making their own selection of Overseas Property Specialist and negotiating the terms of any Work to be performed by the Overseas Property Specialist they have instructed.
- The User is responsible for providing true, accurate, current and complete information when providing details to the Company or the Overseas Property Specialist.
- The User is responsible for ensuring that the Overseas Property Specialist has all the relevant information required in order to undertake the Work and that all the information the Overseas Property Specialist has about the User is accurate.
- The User is responsible for satisfying themselves of the credentials and creditworthiness of any Overseas Property Specialist before proceeding to instrcut them or paying over any money.
- The decision to provide information, payment and/ or to instruct an Overseas Property Specialist is the responsibility of the User.
- The Company provides the Service to Users free of charge.
- Overseas Property Specialists may pay a fee or commission to the Company for advertising and marketing their services. The fee may be calculated as a percentage of the fees received by the Overseas Property Specialist as a result of providing services to the User. The Overseas Property Specialist will not charge this fee to the User.
- The Company is not responsible for and will not be liable for any fees charged or incurred by the Overseas Property Specialist in relation to the Work.
Disclosure of User Information by the Company
- The User agrees that by providing User Information to the Company, that they are wilfully providing their User Information in an attempt to initiate contact with one or more Overseas Property Specialist.
- The User agrees to the Company disclosing the User Information to one or more Overseas Property Specialist in order to provide the Services.
- The User irrevocably agrees that the Company has the right to seek and obtain the case status and all fee information from the Overseas Property Specialist at any time.
Limitation of Liability
- The User agrees that, except for death and personal injury arising from the Company’s negligence, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Services, including, but not limited to, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).
- Users release, acquit and forever discharge the Company, its directors, officers, employees and shareholders from any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way contacted with the Service, any disclosure resulting from your use of the Service, any conflict of interest, ethical violation, or any alleged malpractice arising out of any Users use of the Service.
- The Company does not and cannot be involved in Users’ dealings with Overseas Property Specialist, and in the event that a User has a dispute with a Overseas Property Specialist, the User hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, e-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company.
- Without limiting the generality of Clause 2.4 of this Service Users Agreement or any of the foregoing, Users agree not to hold the Company responsible for any damages or other liabilities arising from any Work or the failure to provide any Work by a Overseas property Specialist.
- Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Service Users Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.
Without limiting any of the foregoing, the Company shall have no liability for any failure or delay resulting from any matter beyond the Company’s reasonable control.
- The Company may amend this Agreement at any time by posting the amended terms and conditions on the Website.
- The User shall fully indemnify the Company for any loss or damage suffered by the Company for breach of these Terms and Conditions.
- Nothing in these Terms and Conditions is intended to confer on any person any right to enforce any provision of these Terms and Conditions which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999 or subsequent legislation.
- Should any part of the Terms and Conditions for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms and conditions had been eliminated.
- The Terms and Conditions shall be governed by and construed in accordance with English Law. Any disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.