STANDARD TERMS AND CONDITIONS FOR CLIENTS AND USERS
Private Property South Africa (Pty) Ltd ("PPSA") hosts a website under domain name
www.privateproperty.co.za ("the Website") for the online marketing of properties for sale or for rent ("Listings") and the advertising of service providers in the real estate and related industries (together, the "Advertisements").
APPLICATION TO CLIENTS
- These standard terms and condition ("STC's") together with the signed agreement ("the Contract") concluded between PPSA and each client who advertises on the Website ("Client").
- If there is any discrepancy or conflict between these STC's and the Contract, the provisions of the Contract will apply.
APPLICATION TO USERS
By logging in, registering on, accessing or using the Website, all persons making use of the Website ("Users") agree to be bound by these STC's, except those provisions which, by implication, only apply to Clients.
PPSA'S GENERAL OBLIGATIONS AND WARRANTIES
PPSA must provide the following services to the Clients and Users:
- display and market on the Website the Advertisements provided to it by the Client from time to time and subject to the limitations as to the number, type, content and design of Advertisements as reasonably determined by PPSA from time to time;
- not share any of the Client's information with any third party, other than associated websites, without the Client's prior written consent;
- provide a telephonic support service from Monday to Friday, from 08:00 to 17:00, for Clients and Users.
PPSA makes no warranties of any kind regarding the standard of the Services or the content on the Website and, in particular, PPSA does not warrant that:
- the Website is error-free;
- the Website will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis; and
- that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.
USE OF THE WEBSITE
- Each User acknowledges that PPSA does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website.
- PPSA uses "cookies" on the Website to enable it to personalise each User's visits to the Website, simplify the signing-in procedure, keep track of your preferences and to track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of the User's computer by the browser. The browser will have the option to prevent websites using cookies, but this may reduce the functionality of the Website.
- No-one may link to any page on the Website without PPSA's prior written consent. The Website contains links to other third party websites over which PPSA has no control. PPSA does not recommend any products or services advertised on those websites and the User uses them at his own risk.
INDEMNITIES AND WAIVERS
Each Client and User hereby acknowledge that:
- PPSA is not an estate agent;
- the Clients and Users are responsible for the negotiation and conclusion of any agreements that may result from the posting of Advertisements on the Website;
- PPSA does not regulate or take any responsibility for the content, accuracy or completeness of the Client's information or for the security of the Client's or User's passwords in respect of the Website.
Each User and Client hereby waives any rights or claims it may have against PPSA in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered as a result of the User's or Client's use or inability to use the Website or the services or content provided from and through the Website.
THE CLIENT'S OBLIGATIONS AND WARRANTIES
The Client must, at its cost:
- include the information and details on each advert as reasonably specified by PPSA from time to time;
ensure that none of the information or Advertisements provided by it to PPSA includes any content that :
- is false, misleading or incorrect;
- may be considered abusive or offensive;
- infringes the intellectual property rights of any third person; or
- infringes the privacy and protection of personal information rights of any third person;
- comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
- The Client warrants that the content, form and design of the Advertisements and other information provided by the Client to PPSA does not, and will not, infringe any intellectual property rights of any other person. The Client indemnifies PPSA and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these STC's or the Contract.
- PPSA acknowledges the private nature of the information the User and the Client provides on the Website, including its name, company details, property searches, addresses and email address. PPSA will take all reasonable steps to protect this personal information.
By using the Website, each User and Client agrees that PPSA may use and disclose their personal information:
- for communication purposes from time to time, provided that each User and Client may request to be removed from any communication system at any time;
- for statistical purposes;
- to improve the Website, to improve and develop new products, features and services, to provide marketing with aggregate information about the User base and usage patterns;
- in the ordinary course of its business and for promotions and marketing;
- to share information with PPSA's business partners for commercial purposes;
- to a party if it believes that it is required by law or by a court to do so;
- if PPSA believes that this is necessary to prevent or lessen any unlawful or harmful actions.
CONFIDENTIALITY AND INTELLECTUAL PROPERTY
Each Client and User undertakes to:
- keep confidential all information, whether written or oral, concerning the business and affairs of the other party whether obtained from the other party or any third party (“the Information”);
- not disclose the Information to any person other than its employees, agents and/or consultants involved in the implementation of this agreement, without the other party's prior written consent;
- use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and
- keep confidential the terms and conditions of this agreement.
The provisions of this clause do not apply to any Information which is:
- independently developed by the recipient;
- publicly available without breach of this agreement; or
- released for disclosure by the disclosing party with its written consent.
INTELLECTUAL PROPERTY RIGHTS INDEMNITIES
- All the content on the Website, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name "Private Property" and the associated logo (which are both registered trademarks) the Website source code, copyrights and any modifications and/or upgrades thereto, is the intellectual property of PPSA.
- The Clients and Users must not reverse-engineer or attempt to copy the Website in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the Website.
- PPSA warrants that the Website and the use thereof by the Clients and the Users does not, and will not, infringe any patent, copyright, design right, trademark or other intellectual property right of any other person. PPSA indemnifies the Clients and Users and holds them harmless against any claim made against them as a result of this warranty not being true.
- PPSA may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client.
- The Client may not cede or assign any of its rights or obligations in terms of this agreement without PPSA's prior written consent, which consent shall not be unreasonably withheld.
- Either party may refer any dispute which arises out of or in connection with this agreement to the other party for resolution and the parties must meet within 10 Days of the date of receipt of the dispute referral to resolve the matter or to agree or alternate dispute resolution proceedings, failing which either party may take any action appropriate. If the parties elect to proceed with arbitration, the arbitration must be in Durban, before a single arbitrator. This clause does not prevent either party from applying to any court having jurisdiction for appropriate urgent relief.