Sourcing Terms & Conditions

"Company" means K D PROPERTY DEVELOPMENTS (SCOTLAND) LIMITED (Company Number SC834430).

"Client" means any individual, company, investor, purchaser, landlord, developer, agent or third party receiving information, introductions or Property Opportunities from the Company.

"Property Opportunity" means any property, land, development opportunity, off-market property, vendor lead, sourcing opportunity, investment opportunity or related information supplied by the Company.

By:

• requesting information;
• reviewing a deal;
• receiving a Property Opportunity;
• requesting further details;
• accepting property information;
• paying any fee;
• contacting any party connected to a Property Opportunity; or
• proceeding with any transaction,

the Client confirms acceptance of these Terms and Conditions.

Acceptance may be evidenced by email, WhatsApp, SMS, social media message, electronic signature, payment of an invoice, verbal confirmation or any other electronic communication.

The Company acts solely as an introducer and sourcing business.

The Company may:

• identify property opportunities;
• introduce buyers, sellers, landlords, developers and investors;
• provide property information;
• participate in co-sourcing arrangements;
• facilitate introductions.

The Company does not:

• provide regulated financial advice;
• provide investment advice;
• provide legal advice;
• provide tax advice;
• provide mortgage advice;
• provide surveying services;
• provide valuation services;
• guarantee any investment outcome.

The Company acts solely as an independent introducer.

Nothing within these Terms creates:

• an agency relationship;
• partnership;
• joint venture;
• fiduciary relationship;
• representative relationship.

The Company does not act on behalf of the Client in any transaction.

The Client is solely responsible for carrying out their own investigations and due diligence.

This includes but is not limited to:

• title checks;
• legal checks;
• planning enquiries;
• surveys;
• valuations;
• finance checks;
• tax advice;
• refurbishment assessments;
• market research;
• rental assessments;
• ownership verification.

The Client must obtain independent professional advice where appropriate.

Any:

• valuation estimate;
• GDV estimate;
• rental estimate;
• refurbishment estimate;
• mortgage calculation;
• bridging calculation;
• yield calculation;
• ROI calculation;
• development appraisal;
• revaluation estimate;
• cashflow projection;
• comparable sales information;
• instant valuation report;
• automated valuation report;
• AI-generated report;
• software-generated report;

is provided for information purposes only.

Such information may originate from:

• third-party sourcers;
• agents;
• developers;
• surveyors;
• software providers;
• automated valuation systems;
• AI systems;
• online databases;
• market opinion.

The Company does not warrant or guarantee the accuracy, completeness or reliability of any estimate, report or projection.

All information must be independently verified by the Client.

The Company may provide opportunities obtained from:

• third-party sourcers;
• introducers;
• agents;
• developers;
• investors;
• associated contacts;
• co-sourcing partners.

Information supplied may not have been independently verified by the Company.

Neither the Company nor any originating third-party provider accepts liability for:

• inaccuracies;
• omissions;
• failed transactions;
• valuation discrepancies;
• ownership issues;
• planning issues;
• financing assumptions;
• investment performance;
• losses arising from reliance on supplied information.

All information is supplied on an "as received" basis.

All information is supplied in good faith.

The Company provides no warranty, guarantee or representation regarding:

• accuracy;
• completeness;
• reliability;
• profitability;
• investment performance;
• rental performance;
• development potential;
• planning prospects;
• suitability of any Property Opportunity.

To the fullest extent permitted by Scots law, the Company shall not be liable for:

• direct losses;
• indirect losses;
• consequential losses;
• loss of profit;
• loss of opportunity;
• loss of investment;
• financing losses;
• business interruption losses;

arising from:

• reliance upon information supplied;
• inaccuracies or omissions;
• third-party conduct;
• failed transactions;
• investment performance;
• property performance.

Nothing within these Terms excludes liability for fraud or any liability which cannot lawfully be excluded.

The Client acknowledges that they have not relied solely upon:

• statements;
• representations;
• valuations;
• estimates;
• projections;
• reports;
• opinions;
• marketing materials;
• AI-generated content;
• software-generated content;
• verbal discussions;

provided by the Company.

The Client confirms that all decisions are made based upon their own independent investigations and professional advice.

The maximum aggregate liability of the Company in connection with any Property Opportunity shall not exceed the total fees paid by the Client to the Company in relation to that specific opportunity.

Any:

• sourcing fee;
• introduction fee;
• reservation fee;
• administration fee;
• deal packaging fee;

becomes due upon:

• introduction of a Property Opportunity;
• release of property details;
• release of contact details;
• introduction to the relevant party.

All fees are:

• non-refundable;
• payable immediately unless otherwise agreed;
• exclusive of VAT where applicable.

No refund shall be due where:

• the Client chooses not to proceed;
• finance is declined;
• surveys identify issues;
• valuations differ;
• a seller withdraws;
• legal issues arise;
• the transaction fails for any reason.

All opportunities are subject to availability.

Properties may be:

• sold;
• withdrawn;
• repriced;
• amended;
• agreed with another party;

without notice.

The Company does not guarantee exclusivity unless agreed in writing.

All Property Opportunities and information supplied by the Company are confidential.

The Client shall not:

• share information;
• distribute information;
• reproduce information;
• disclose opportunities;

without written consent from the Company.

The Client acknowledges that all Property Opportunities, vendor details, owner details, landlord details, agent details, sourcer details, introducer details, developer details and associated contacts introduced by the Company are valuable business relationships belonging to the Company and/or its co-sourcing partners.

The Client shall not directly or indirectly:

• contact any introduced party for the purpose of avoiding fees;
• bypass the Company;
• circumvent the Company;
• use information supplied by the Company to avoid payment of fees;
• pass opportunities to third parties to avoid fees.

The Client shall remain liable for fees where a transaction is completed by:

• the Client;
• a family member;
• a connected party;
• a business partner;
• a nominee;
• a trust;
• an SPV;
• a company connected to the Client.

This protection shall remain in force for 24 months from the date of introduction.

The Company may recover:

• sourcing fees;
• commissions;
• legal costs;
• debt recovery costs;
• associated losses.

Electronic communications may be relied upon as evidence of agreement.

This includes:

• email;
• WhatsApp;
• SMS;
• social media messages;
• electronic signatures;
• invoice payments.

The Client shall not publish false, misleading, defamatory or malicious statements concerning:

• the Company;
• its directors;
• employees;
• contractors;
• introducers;
• co-sourcing partners.

Nothing in this clause prevents truthful statements required by law.

The Company may utilise:

• AI systems;
• automated valuation tools;
• software platforms;
• algorithms;
• data feeds.

AI-generated information may contain inaccuracies, omissions or errors.

No reliance should be placed upon AI-generated information without independent verification.

The Company accepts no liability arising from reliance upon AI-generated information.

The Company maintains such insurance arrangements as it considers appropriate for its business activities from time to time.

The existence of insurance shall not increase or extend the Company's liability beyond that contained within these Terms.

The Company reserves the right to request identification and carry out anti-money laundering checks.

The Company may refuse to proceed where satisfactory information is not provided.

The Company shall process personal data in accordance with UK GDPR, the Data Protection Act 2018 and all applicable legislation.

All reports, photographs, deal packs, sourcing information, documents and marketing materials supplied by the Company remain the property of the Company.