Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the Otumi Homes website (otumihomes.com) and any services provided by Otumi Homes Ltd, a company incorporated under the laws of Ghana. These Terms apply to all visitors, enquirers, prospective buyers, and clients. By using this website or engaging our services, you accept these Terms in full.

2. Definitions

3. Use of the Website

You agree to use this website only for lawful purposes and in a manner consistent with applicable laws and regulations. You must not:

• Use the website in any way that violates applicable laws or regulations
• Transmit any unsolicited or unauthorised advertising or promotional material
• Attempt to gain unauthorised access to any part of the website or its servers
• Reproduce, duplicate, copy, or re-sell any part of the website without our express consent
• Submit false or misleading information in any enquiry or form

We reserve the right to restrict or terminate access to the website at our discretion, without notice.

4. Property Information & Disclaimer

All property information, images, floor plans, brochures, specifications, and pricing published on our website or in marketing materials are provided for general information purposes only and are subject to change without notice. In particular:

• Images and CGIs (computer-generated imagery) are indicative only and may not accurately reflect the final appearance of any property or development
• Floor plans and dimensions are approximate and may vary from actual finished units
• Pricing is indicative and subject to change. No price constitutes a binding offer until confirmed in a signed Sales & Purchase Agreement
• Specifications, finishes, and amenities are subject to change due to design development, supply chain constraints, or regulatory requirements
• Completion dates and construction timelines are estimates only and are not guaranteed

You are strongly advised to conduct your own due diligence and obtain independent legal, financial, and property advice before making any purchasing decision.

5. Reservations & Purchase Process

The following process governs property reservations and purchases:

6. Payment Terms

All payments must be made in accordance with the payment schedule set out in the signed SPA. Additional terms:

• Payments may be made in Ghanaian Cedis (GHS), US Dollars (USD), British Pounds (GBP), or Euros (EUR), as agreed in the SPA. Exchange rates applied will be those prevailing at the time of receipt
• All bank charges associated with international transfers are the responsibility of the buyer
• Late payments may attract interest at a rate specified in the SPA, and repeated non-payment may entitle Otumi Homes to terminate the agreement in accordance with the SPA terms
• Receipts will be issued for all payments received. You are responsible for retaining these for your records

7. Construction & Delivery

Otumi Homes will use reasonable endeavours to complete and deliver properties in accordance with the timelines set out in the SPA. However:

• Completion dates may be extended due to circumstances beyond our reasonable control, including but not limited to natural disasters, force majeure events, regulatory delays, labour disputes, or supply chain disruptions
• Otumi Homes will notify buyers promptly of any material delays and provide revised completion estimates
• Minor variations in finishes, specifications, or dimensions that do not materially affect the use or value of the Property shall not constitute a breach of the SPA

8. Warranties & Defects

Otumi Homes provides the following warranties on completed properties:

These warranties are in addition to any statutory rights you may have under Ghanaian law and do not affect those rights.

9. Cancellation & Termination

The specific terms governing cancellation, withdrawal, and refunds are set out in the signed SPA. General principles include:

• Reservation Fees are generally non-refundable upon buyer-initiated cancellation after a cooling-off period (if applicable) as specified in the SPA
• Where a buyer defaults on payment milestones and fails to remedy the default within the notice period specified in the SPA, Otumi Homes may terminate the agreement and may retain payments made to cover costs incurred
• Where Otumi Homes is unable to deliver a Property due to reasons within our control, refund terms will be governed by the SPA
• Any agreed refunds will be processed within 60 days of the triggering event, subject to AML compliance requirements

10. Intellectual Property

All content on this website — including but not limited to text, images, architectural renders, floor plans, videos, logos, brand assets, and software — is the intellectual property of Otumi Homes Ltd or its licensors, and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, redistribute, or use any content from this website without our prior written consent, except for personal, non-commercial reference purposes.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Otumi Homes provides this website on an 'as is' basis and makes no warranties, express or implied, regarding the accuracy, completeness, or fitness for purpose of any information on the site
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website or reliance on information contained herein
• Our total aggregate liability to you in connection with any matter arising under these Terms shall not exceed the amounts paid by you to Otumi Homes in the 12 months preceding the claim
• Nothing in these Terms limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be limited by law

12. Indemnity

You agree to indemnify, defend, and hold harmless Otumi Homes Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the website, your breach of these Terms, or your violation of any applicable law or the rights of any third party.

13. Governing Law & Disputes

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Ghana. In the event of any dispute:

• The parties shall first seek to resolve any dispute through good-faith negotiation
• If negotiation fails within 30 days, disputes shall be referred to mediation under the rules of the Ghana Arbitration Centre
• If mediation is unsuccessful, disputes shall be finally resolved by arbitration in Accra, Ghana, under the Arbitration Act, 2010 (Act 798)
• Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction

14. General Provisions

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with any signed SPA and our Privacy Policy, constitute the entire agreement between you and Otumi Homes relating to its subject matter.
• No Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Amendments: We may update these Terms at any time. Continued use of the website following notice of changes constitutes acceptance. Material changes will be communicated on the website.
• Assignment: You may not assign your rights under any agreement with Otumi Homes without our prior written consent. We may assign our rights to a successor entity.

15. Contact

For questions relating to these Terms and Conditions, please contact: