Terms & Conditions

1. Acceptance of Terms

By accessing this website, browsing available units, initiating an online booking, or submitting a booking deposit through the Diamond Tower Kampala website (the "Site"), you (the "Buyer" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms"), together with any additional terms and conditions referenced herein or provided at the time of booking.

If you do not agree to these Terms, you must not use the Site for the purpose of booking a unit or making any payment. Continued use of the Site constitutes acceptance of these Terms in their entirety.

2. Definitions

"Seller" refers to Diamond Tower Ltd, the developer and owner of the Diamond Tower Kampala project.

"Property" refers to any residential or commercial unit within Diamond Tower Kampala offered for sale through the Site.

"Booking" refers to the provisional reservation of a specific unit initiated by the Buyer through the Site.

"Booking Deposit" refers to the non-refundable sum of US$5,000 payable by the Buyer at the time of booking to provisionally reserve a unit.

"Down Payment" refers to the minimum 20% of the unit purchase price payable by the Buyer within sixty (60) days of the Booking date.

"SPA" refers to the Sale and Purchase Agreement, the formal binding contract executed between the Seller and the Buyer.

3. Online Booking Process

The Site allows prospective Buyers to view available units, select a specific floor level, and provisionally reserve a unit by paying the Booking Deposit through the integrated payment gateway.

A Booking made through the Site constitutes a provisional reservation only. It does not constitute a binding contract for the sale and purchase of the Property. No binding obligation to sell or purchase arises until the SPA is executed by both parties and the Down Payment has been received by the Seller.

The Seller reserves the right to decline or cancel any Booking at its sole discretion, including but not limited to cases where the unit is no longer available, the Buyer fails to complete the Down Payment within the stipulated period, or the Buyer provides inaccurate or incomplete information.

The Seller makes no guarantee that any particular unit will remain available for booking. Availability is subject to change without prior notice.

4. Booking Deposit and Payment Terms

Upon selecting a unit and completing the online booking form, the Buyer shall pay a Booking Deposit of US$5,000 via the payment method integrated into the Site. The Booking Deposit secures the provisional reservation of the selected unit for a period of sixty (60) days from the date of booking.

Within sixty (60) days of the Booking date, the Buyer shall pay the Down Payment of not less than 20% of the total unit purchase price and execute the SPA. Failure to do so within this period shall result in the automatic lapse of the Booking, and the Seller shall be entitled to release the unit for sale to other prospective Buyers without further notice.

The unit purchase price displayed on the Site at the time of booking is the price applicable to the selected floor level. Prices are subject to change at the Seller's discretion; the price confirmed at the time of booking shall be the price recorded in the Booking and carried into the SPA, subject to the terms herein.

All payments made through the Site are processed by a third-party payment provider. The Seller is not responsible for any delays, failures, or errors attributable to the payment provider or the Buyer's financial institution.

5. Booking Deposit — Refundability

The Booking Deposit of US$5,000 is non-refundable, except in the limited circumstances set out in this Section.

The Booking Deposit shall be refunded to the Buyer only in the following circumstances: (a) the Seller declines the Booking at its sole discretion; (b) the Seller is unable to offer the selected unit for sale due to circumstances not attributable to the Buyer; or (c) the project is cancelled in its entirety by the Seller.

The Booking Deposit shall not be refunded where: (a) the Buyer fails to pay the Down Payment or execute the SPA within sixty (60) days; (b) the Buyer provides false, inaccurate, or misleading information during the booking process; (c) the Buyer voluntarily withdraws from the transaction; or (d) the Buyer breaches any of these Terms.

Where a refund is due, it shall be processed to the original payment method within thirty (30) business days, less any applicable bank or processing charges.

6. Sale and Purchase Agreement

The SPA is the binding legal instrument that governs the sale and purchase of the Property. The SPA shall be executed by both parties within sixty (60) days of the Booking date.

The SPA shall set out the final purchase price, the payment schedule, the handover date, the specifications of the Property, and all other terms and conditions applicable to the transaction. In the event of any conflict between these Terms and the SPA, the SPA shall prevail.

The Seller reserves the right to amend the form and content of the SPA from time to time. The Buyer shall be provided with a copy of the prevailing SPA form prior to execution.

7. Pricing and Payment Schedule

All prices displayed on the Site are in United States Dollars (USD) and are exclusive of any applicable taxes, fees, registration charges, or government levies, unless otherwise stated.

The Seller reserves the right to revise prices at any time without prior notice. The price applicable to a Booking is the price confirmed at the time the Booking Deposit is paid.

The standard payment schedule requires a minimum Down Payment of 20% of the purchase price within sixty (60) days of booking, with the balance payable in accordance with the construction-linked payment plan set out in the SPA.

The Seller may, at its discretion, offer alternative payment plans. Any such plans shall be documented in the SPA and shall form part of the binding agreement between the parties.

8. Buyer's Obligations

The Buyer warrants that all information provided during the booking process, including but not limited to name, contact details, identification particulars, and payment information, is true, accurate, and complete.

The Buyer is responsible for ensuring that they have the legal capacity and financial means to complete the transaction, including payment of the Booking Deposit, the Down Payment, and the balance of the purchase price.

The Buyer shall comply with all applicable laws and regulations, including those relating to anti-money laundering, foreign exchange, and property ownership in Uganda.

The Buyer shall not assign, transfer, or otherwise dispose of any rights arising from a Booking without the prior written consent of the Seller.

9. Seller's Rights

The Seller reserves the right to modify, suspend, or discontinue the Site, or any part thereof, at any time without prior notice. The Seller shall not be liable for any consequence arising from such modification, suspension, or discontinuation.

The Seller reserves the right to amend the design, specifications, layout, floor plans, and amenities of the Property and the project at any time, whether before or after a Booking, where such changes are necessary due to technical, regulatory, or commercial considerations. The Seller shall use reasonable efforts to notify the Buyer of any material changes.

The Seller reserves the right to decline any Booking, cancel any provisional reservation, and release any unit for re-sale where the Buyer fails to comply with these Terms or the SPA.

The Seller shall not be bound by any representation, promise, or commitment not expressly set out in these Terms or the SPA.

10. Cancellation by Buyer or Seller

The Buyer may cancel a Booking by written notice to the Seller. In the event of cancellation by the Buyer, the Booking Deposit shall be forfeited in accordance with Section 5.

The Seller may cancel a Booking by written notice to the Buyer where: (a) the Buyer fails to pay the Down Payment or execute the SPA within the stipulated period; (b) the Buyer provides false or misleading information; (c) the Buyer breaches any term of these Terms or the SPA; or (d) circumstances beyond the Seller's control make completion of the transaction impossible.

Upon cancellation by the Seller under circumstances not attributable to the Buyer's default, the Booking Deposit shall be refunded in accordance with Section 5.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the Seller shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with the use of the Site, the making of a Booking, or the payment of the Booking Deposit.

The Seller's total liability arising from or in connection with a Booking, prior to the execution of the SPA, shall not exceed the amount of the Booking Deposit paid by the Buyer.

The Seller does not warrant that the Site will be uninterrupted, error-free, or free from harmful components. The Buyer acknowledges that the Site is provided on an "as is" and "as available" basis.

The Seller shall not be liable for any failure or delay in performance attributable to the payment provider, telecommunications networks, internet service providers, or any third-party service provider.

12. Force Majeure

The Seller shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, epidemic or pandemic, government action, labour disputes, or shortages of materials or utilities.

In the event of a force majeure event, the Seller shall use reasonable efforts to resume performance as soon as practicable. The Seller may, at its discretion, extend any deadlines affected by a force majeure event.

13. Intellectual Property

All content on the Site, including but not limited to text, graphics, images, floor plans, renderings, logos, and trademarks, is the property of the Seller or its licensors and is protected by applicable intellectual property laws.

The Buyer may not copy, reproduce, distribute, publish, or otherwise exploit any content from the Site for commercial purposes without the prior written consent of the Seller.

Renderings, floor plans, and visualisations displayed on the Site are artistic impressions and are provided for illustrative purposes only. Actual units may vary in dimensions, layout, and finish.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising from or in connection with a Booking shall be governed by and construed in accordance with the laws of the Republic of Uganda.

The parties shall attempt to resolve any dispute amicably through good-faith negotiation. Any dispute that cannot be resolved through negotiation within thirty (30) days shall be referred to arbitration in Kampala, Uganda, in accordance with the Arbitration and Conciliation Act of Uganda.

The courts of Uganda shall have exclusive jurisdiction over any matter not resolved through arbitration.

15. Changes to These Terms

The Seller reserves the right to amend these Terms at any time. The Terms applicable to a Booking are the Terms in effect at the time the Booking Deposit is paid.

Updated Terms shall be posted on the Site. Continued use of the Site after any amendment constitutes acceptance of the revised Terms.