Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING PRIVATEPROPERTY.CO.ZA ("this Site").

Terms of Use

  1. INTRODUCTION

    1. "We" are Private Property Holdings (Pty) Ltd (Reg. No.: 2000/004275/07,) and our address is Level 1, 21 Richefond Circle, Ridgeside Office Park, Umhlanga Ridge, 4319. Our VAT number is 4660188899. Our phone number is 087 375 1000.
    2. We provide this website, further referred to as the “site”, for the convenience of buyers, tenants, investors and browsers interested in immovable property, and collect content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties they are marketing. We are not estate agents ourselves
    3. Apart from the Site, we also provide a growing collection of web sites with property content that will include the same or similar content to our site. Presently these affiliate or white label web sites include;
      • Private Property mobile http://m.privateproperty.co.za
      • Private Property mobile http://pprop.mobi
      • FNB QuickSell (FNB listings only) http://quicksell.co.za
      • Bid or Buy (property classifieds) http://www.bidorbuy.co.za
      • Property Leader mobile http://m.propertyleader.co.za
      • Look Local (property classifieds) http://www.looklocal.co.za
    4. These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
    5. When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
    6. Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site.
    7. You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.
    8. By viewing any pages that constitute this Site, a person becomes a 'user' and agree to the terms and conditions of use below:
  2. PRIVACY

    1. We subscribe to the principles for electronically collecting personal information outlined in chapter 8 of the Electronic Communications and Transactions Bill that became law in the Republic of South Africa in August of 2002. All communications from us will provide a clear hyperlink where you can reverse you permission or deregister. If you have any problem with this process please call 087 375 1000 for assistance.
    2. We intend using any personal or organisational particulars you submit to us via email, telephone, or the submission forms on this site only to respond to any specific request for information you have made on the site, and, with the exception of possible communication and use of this information in terms of 2.3 and 2.4 below, will not use this information in any other way or disclose it to any third party without your express written consent, unless forced to do so by law.
    3. If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your Information to them in order to deliver the service. By using this site you consent to us providing your Information to the third parties licensed by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your Information. In any case, we will not pass your data to anyone who is not also registered with the Data Protection Act or is not subject to these or similar provisions in our contract with them, and we will not allow the third party to use your Information commercially without your consent.
    4. As a result of your electronic or other communication with us, we may request permission to send electronic messages or other communications of a commercial nature to you, permission that must be explicitly granted by you before we will send such communications. We may also use this information to compile profiles for statistical purposes and use such profiles in the course of our business, but these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third party.
    5. Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies, but please note that this may reduce the functionality of this Site and other websites.
  3. COPYRIGHT

    1. All the content on this web site, including any and all graphics, text, icons, hyperlinks, private information, designs, trademarks, software, databases and agreements, is the intellectual property of Private Property Holdings (Pty) Ltd and is protected by local and international law dealing with copyright and intellectual property rights.
    2. Without limitation to clause 3.1,
      the device is our registered trademark.

      You may not use or copy it without our prior written consent.
    3. All rights to this content are reserved, and such content may not be reproduced without the express permission in writing from us. To obtain permission for the use of any content on this site, please contact the CEO, Justin Clarke at 087 375 1000 or email (type justin then) @privateproperty.co.za. All rights not specifically granted in terms of these terms and conditions or by special permission are reserved.
    4. No business, person or web site may frame this site or any of the pages on this site in any way whatsoever without the permission in writing from us.
  4. HYPERLINKS

    1. No person, business or web site may link to any page on this site without first requesting permission to do so from us in writing. Such permission can be obtained from the person referred to in 3.2 above.
    2. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
    3. The details of the properties available on this Site are provided to us by third parties, private sellers and our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
  5. SERVICES

    1. Virtual Tours will be placed on the Private Property website.
    2. Virtual Tours created by Private Property for the AGENT/AGENCY remain the property of Private Property. The AGENT/AGENCY is granted a license to use the VT’s on the terms and conditions of this Addendum.
    3. The use of any hyperlink/link to any VT created by Private Property (“Link”) for the AGENT/AGENCY shall be subject to the following:
      • The Link may only be placed on the AGENT’S/AGENCY’S own website or its own other digital marketing platforms, provided that the AGENT/AGENCY notifies Private Property of such use and identifies the website and/or digital marketing platform.
      • The Link may not be placed on any other website or digital marketing platform whatsoever, including without limitation other property or classified websites anywhere in the world.
    4. Private Property previously provided training to AGENTS/AGENCIES which would assist AGENTS/AGENCIES to carry out the photography required for Private Property to create a VT. Only in respect of AGENTS/AGENCIES which previously received such training from Private Property, Private Property will accept photos intended for VT use for post-production and creation of the VT.
  6. BLACKLISTING

    1. We reserve the right to blacklist users from this site and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
  7. DISCLAIMER

    1. We, the designers of this site and any of the client's agents or representatives shall not be liable for any damage, loss or liability, however arising, from the use or inability to use this web site or the services, content or information provided on and through this web site.
    2. We make no express or implied representations or warranties that the content and service available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to (type in the word support then) @privateproperty.co.za. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
    3. This web site is available via the internet for any user with access, to view 'as is', and has not been compiled or designed to meet each user's individual requirements. We will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements. Users are encouraged to give any feedback or comments on the site to the person mentioned in clause 3.2 above.
  8. SECURITY

    1. Any legal person that delivers or attempts to deliver any damaging code to this web Site, to gain unauthorised access to any page on this web site, to tamper with any of the content or pages that constitute this web site or duplicate such pages or content shall be prosecuted to the full extent of the law, and civil damages shall be claimed in the event that we suffer any damage or loss as a result of such actions.
    2. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
  9. GOVERNING LAW

    1. This web site is controlled and operated by Private Property Holdings (Pty) Ltd, a legal entity incorporated in terms of the laws of the Republic of South Africa, and therefore South African law and the jurisdiction of the South African courts shall govern any action or claim that may arise from the use or inability to use this site.
  10. DISPUTES

    1. All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Durban, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.
  11. WHOLE AGREEMENT

    1. This agreement constitutes the whole agreement between us and the user, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.
    2. We reserve the right to change this agreement or any part thereof at any time without notice, such changes being deemed to come into effect as soon as they are incorporated in this agreement and viewable on the site.
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