Terms of Business of Diamond Estates Property Limited, having their Registered Office at
Duneira Road, Rhu, Helensburgh, G84 8LH and having their trading address at Synergy,
Heavens Walk, Doncaster, DN4 5HZ. (Hereinafter known as “The Company”)

Background
The Company is a Property Deal Find Service, who has reasonable skill, knowledge, and
experience in that field. These Terms of Business shall apply to the provision of a Property
Deal Find Service to its Clients.

  • Use of the singular includes the plural and use of the masculine includes the feminine
    and vice versa.
  • “Agent” “we” or “us” means the Agent trading from the Registered Office Address
  • Jointly and severally liable” means that each person will be responsible for complying
    with the obligations of and paying all charges and costs under this Agreement, both
    individually and together.
  • “Landlord” “you” or “your” means the Landlord, and any other person owning a
    reversionary interest in the Premises, whether freehold or leasehold, entitling them
    to possession of it upon the Termination or expiry of the Tenancy and anyone who
    later owns the Premises.
  • “Tenant” means anyone entitled to possession of the Premises under a Tenancy
    Agreement.
  • “Occupier” means a Tenant, or any other person or organization entitled to occupy
    the Premises under a Tenancy, License or any other form of Agreement or contract.
  • “Occupancy Agreement” means any Agreement between you and any Occupier which
    permits them to occupy the Premises whether it constitutes a Tenancy Agreement.
  • “Premises” means any part or parts of the building boundaries fences garden and
    outbuildings belonging to the Landlord at the Premises Address. When the Premises
    are part of a larger building the Premises include the use of common access ways and
    facilities.
  • “Inventory” or “Inventory and Schedule of Condition” means the document drawn up
    prior to the commencement of the Tenancy by the Landlord or the Agent, which
    includes the fixtures and fittings in the Premises.
  • “Term” or “Tenancy” means the fixed Term of the Tenancy Agreement and any
    extension or continuation of the Tenancy whether fixed Term or periodic arising after
    the expiry of the original Term.
  •  “Superior Landlord” means the person company or organization to whom ownership
    of the Premises reverts at the end of the lease.
  •  “Deposit” means the money held by the Agent in a stakeholder capacity during the
    Tenancy in case the Tenant fails to comply with the Terms of the Tenancy Agreement.
  •  “Stakeholder” means that deductions can only be made by the Agent from the Deposit
    at the end of the Tenancy with the written consent of both parties.
  •  “Tenancy Agreement” means the contract drawn up between the Landlord and the
    Tenant specifying the obligations of the two parties.
  •  “DPS” The Deposit protection scheme.
  • “ICE” means the Independent Case Examiner of The Deposit Protection Scheme

Our Service Property Deal Find Service


You will be provided with details of potential property investment opportunities and for a
fixed payment of an Agreed Price + VAT (Sourcing Fee) per deal you will be able to purchase
an opportunity. The funds are paid upfront and are nonrefundable.
If an Investment Opportunity falls through due to default by the Vendor, we will hold your
sourcing fee for a period of 12 months, during which time, you will be given access to all our
Investment Opportunities and can use the held fee on any one of them up to the same value.
This service will include provision of information in respect of the opportunity and guidance
on the appraisal of the investment.
Nothing in this agreement shall be deemed to be a warranty that

  • any property investment will take place; and
  • any investment (if made) will be profitable and not loss making.


Investment decisions are made by you, this service is to provide you with information and
support in the identification of investment opportunities.

How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance
with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data
including, but not limited to, the purpose(s) for which personal data is used, the legal basis or
bases for using it, details of Your rights and how to exercise them, and personal data sharing
(where applicable), please refer to Our Privacy Policy available from
https://diamondpropertyinvestments.co.uk/blognews/wpautoterms/privacypolicy/

Limitation of liability
We will supply You with a Property which may be of interest to you for business purposes.
You are not obligated to purchase the Property and after you have completed your own Due
Diligence, you are to decide whether the property meets your requirements.
You agree that:
You shall provide Diamond Estates Property Ltd with a Decision/Mortgage in Principle
within 5 days of agreeing to purchase the Property. Failure to provide such
information may mean the Property is offered to another party;

  • You will instruct a law firm to carry out the conveyancing process on your behalf. You
    will advise Diamond Estates Property Ltd of your appointed representative within 5
    days of agreeing to purchase the property. Failure to provide such information may
    mean the Property is offered to another party;
  • No legal advice or warranties are given by Diamond Estates Property Ltd. You are to
    obtain your own legal advice as to any title or legal issues affecting the property and
    Diamond Estates Property Ltd shall have no liability for the same;
  • Diamond Estates Property Ltd is not responsible for any failure or breach of contract
    by any other party and Diamond Estates Property Ltd shall have no liability for the
    same;
  • No commercial advice or warranties are given by Diamond Estates Property Ltd. You
    are to obtain your own advice as to valuations, rental yields, and the commercial
    aspects of the transaction and Diamond Estates Property Ltd shall have no liability for
    the same;
  • No advice or warranties are given by Diamond Estates Property Limited as to the
    likelihood of any profit or loss Diamond Estates Property Ltd shall have no liability for
    the same;
  • In the case of new build developments, Diamond Estates Property Ltd makes no
    warranties as to any obligation of the developer, the terms of any contract, or the
    completion of any build, and Diamond Estates Property Ltd shall have no liability for
    the same; and,
  • By law the seller may withdraw from the sale or change the price of the property at
    any time up to exchange of contracts.
  • You agree not to bring any claim arising out of or in connection with this agreement
    against any employee, member, owner, director, or consultant of Diamond Estates
    Property Limited. These individuals do not have a personal duty of care to you. Any
    such claim for losses must be brought against Diamond Estates Property Limited. Any Diamond Estates Property Limited Person may enforce this clause under the Contracts
    (Rights of Third Parties) Act 1999, but these terms may be varied at any time without
    the need for any Diamond Estates Property Limited Person to consent.

Cancellation of Contract During the Cooling Off Period
Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling
off” period. This period begins once the contract between You and Us is formed.
If You wish to cancel the Agreement within the cooling off period You should inform
Us immediately by a clear statement (e.g., a letter sent by post, or email to the postal
address, or email address specified in these Terms of Business). You may use the
Model Cancellation Form, but You do not have to.

  • To meet the cancellation deadline, it is sufficient for You to send Your communication
    concerning the exercise of the right to cancel before the cancellation period has
    expired.
  • If You exercise this right to cancel You will receive a full refund of any amount paid to
    the Us in respect of the contract (including, but not limited to, the Deposit, where
    applicable).
  • We will refund money using the same method used to make the payment unless You
    have expressly agreed otherwise. In any case, You will not incur any fees as a result of
    the refund.
  • We will process the refund due to You as a result of a cancellation without undue delay
    and, in any case, within the period of 14 calendar days after the day on which We are
    informed of the cancellation.
  • If the Start Date falls within the cooling off period, You must make an express request
    for provision of the Property Deal Find Services to begin within the 14calendar day
    cooling off period. This request forms a normal part of the ordering process. By
    making such a request You acknowledge and agree to that should you cancel within
    this period no refunds shall apply.

Force Majeure
No Party to the Agreement shall be liable for any failure or delay in performing their
obligations where such failure or delay results from any cause that is beyond the reasonable
control of that Party. Such causes include, but are not limited to power failure, internet
service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of
terrorism, acts of war, governmental action or any other event that is beyond the control of
the Party in question

Unlimited liability.

 

Nothing in this agreement shall limit or exclude the liability of Diamond Estates Property Ltd
for:

  • Death or personal injury caused by its negligence, or the negligence of its employees,
    agents, or subcontractors (as applicable).
  • Fraud or fraudulent misrepresentation or wilful default.
  • Unlawful liability restrictions. Any matter in respect of which it would be unlawful to
    exclude or restrict liability.

Limitations of liability.
Subject to above:
Loss of profit, revenue, goodwill, or anticipated savings. Diamond Estates Property Ltd shall
not under any circumstances whatever be liable to the other, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for:

  • any loss of profit, sales, revenue, or business;
  • loss of anticipated savings;
  • loss of or damage to goodwill;
  • loss of agreements or contracts;
  • any loss arising out of the lawful termination of this agreement or any decision not to
    renew its term, or
  • any loss that is an indirect or secondary consequence of any act or omission of the
    party in question.


The total liability of Diamond Estates Property all other loss or damage arising under or in
connection with this agreement whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed a multiple of three times the
fees paid by the customer to Diamond Estates Property Limited for the entire term of this
agreement.

No limitations in respect of deliberate default.
Neither party may benefit from the limitations and exclusions set out in this clause in respect
of any liability arising from its deliberate default. No liability for claims not notified within six
months. Unless a party notifies the other party that it intends to make a claim in respect of
an event within the notice period, the other party shall have no liability for that event. The
notice period for an event shall start on the day on which the party wishing to make a claim
became, or ought reasonably to have become, aware of [the event having occurred OR it has
grounds to make a claim in respect of the event] and shall expire six months from that date.
identify the event and the grounds for the claim in reasonable detail.

Acts of Third Parties
We will not be responsible for any loss or damage that you suffer through the act, default, or
negligence of any third party which may arise other than through our negligence, omission, or failure.
The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement

Entire agreement
This agreement constitutes the entire agreement between the parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations, and
understandings between them, whether written or oral, relating to its subject matter.


No reliance on matters outside agreement. Each party acknowledges that in entering into this
agreement it does not rely on and shall have no remedies in respect of, any statement,
representation, assurance, or warranty (whether made innocently or negligently) that is not
set out in this agreement.

Notices
The provisions for the service of notices are that if either party deliver by hand any Notices or
documents which are necessary under the Agreement, or any Act of Parliament to the other
party by 5pm or the last known address of the other party; the documents or Notices will be
deemed delivered on the next working day which excludes Saturdays Sundays and Bank
Holidays; or if any documents or Notices are sent by registered, or recorded delivery post the
documents will be deemed delivered upon proof of delivery being obtained; or if the
documents or Notices are sent by ordinary first class post addressed to the other party or the
last known address of the other party; the documents or Notices will be deemed delivered
two working days later, which excludes Saturdays, Sundays and Bank Holidays.


All notices under these Terms shall be in writing and be deemed duly given if signed by, or on
behalf of, a duly authorised officer of the Party giving the notice.

Communication and Contact Details
If you wish to contact Us with general questions or complaints, you may contact Us by
telephone at 01302 898807 or by email at office@diamondestatesproperty.co.uk
For matters relating to cancellation, please contact Us by telephone at 01302 898807 or by
email at office@diamondestatesproperty.co.uk

Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England
and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of
any dispute under it.