PRIVATE PROPERTY SOUTH AFRICA (PTY) LTD
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 property listings for sale or for rent and the advertising of service providers in the real estate, legal and related industries (collectively “Advertisements”).
- PPSA may amend these standard terms and condition ("STC's") at any time.
- These Website Standard Terms and Conditions written on this webpage shall manage your use of the website. By using this Website, you agree to accept all terms and conditions.
APPLICATION TO CLIENTS
- These STC's are applicable 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, explicitly or implicitly, 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;
- 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.
- This Website is provided “as is,” with all faults, and PPSA express no representations or warranties, of any kind related to the Website or the materials contained on the Website. Nothing contained on this Website shall be interpreted as advising you.
- PPSA must provide the following services to the Clients and Users:
THE CLIENT'S OBLIGATIONS AND WARRANTIES
The Client must, at its cost:
- include the information and details on each Advertisement 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;
- 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 BELIEVES THAT ALL CONSUMERS SHOULD BE TREATED EQUALLY REGARDLESS OF GENDER, RACE, CREED, SOCIO-ECONOMIC STANDING OR NATIONALITY. WE WILL NOT CONDONE OR TOLERATE ANY FORM OF DISCRIMINATION FROM OUR ADVERTISERS AND EXPECT THEM TO CONDUCT THEMSELVES ETHICALLY WHEN ADVERTISING THROUGH THE WEBSITE.
- The Client must, at its cost:
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 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 Client/User uses them at its own risk.
Clients and Users are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website;
- using the Website to engage in any advertising or marketing.
- Clients and Users are specifically restricted from all of the following:
DIRECT MARKETING, COOLING OFF PERIOD AND REFUNDS
- In this clause, a "Direct Marketing Contract" is any contract, including an upgrade of or an extension of a contract, concluded between a Client and PPSA as a direct result of PPSA approaching that Client, either in person, by mail, phone, fax or sms, for the purpose of promoting or offering to supply a Client with its services pertaining to Advertisements on the Website, but excludes contracts concluded as a result of an approach by a Client to PPSA, whether by phone, sms, email or other method.
- A Client may, without reason, cancel a Direct Marketing Contract, by giving written notice to PPSA within 5 business days of concluding the Direct Marketing Contract.
- Within 15 business days of receiving written notice of cancellation from a Client, PPSA will refund the Client the total amount received by the Client in respect of that Direct Marketing Contract.
- PPSA will not commence providing any services in respect of a Direct Marketing Contract until expiry of this 5-business day period unless PPSA decides otherwise.
- Except as set out in clause 8.3, no refunds will be given by PPSA in any circumstances.
- Each User and Client agrees that, by using the Website, they provide PPSA with certain personal information, including, without limitation, its name, company details, property searches, addresses, contact numbers, email address, Advertisements, sales statistics, location information, valuations, prices and rentals ("Personal Info").
- PPSA collects Personal Info to compile the Website, provide services to the Users and Clients and related purposes. It is mandatory for the Client / User to provide some Personal Info in order to access the Website, as indicated on the Website.
By using the Website, each User and Client explicitly consents to PPSA using or disclosing the Personal Info in the following circumstances:
- for communication purposes from time to time, provided that the User / Client may request to be removed from a communication system;
- de-identified or aggregated Personal Info may be used for statistical and data analysis purposes;
- to improve the Website, to improve and develop new products, features and services;
- in the ordinary course of its business and for promotions and marketing;
- for use by its business partners for commercial or marketing purposes;
- to any party if it believes that it is required by law or by a court to do so or if PPSA believes that this is necessary to prevent or lessen any unlawful or harmful actions.
In terms of the Protection of Personal Information Act, 2013, a person about which Personal Info is collected has the right:
- of access to and the right to rectify the Personal Info collected;
- to object to the processing of Personal Info;
- to lodge a complaint to the Information Regulator whose details may be obtained from PPSA.
INDEMNITIES AND WAIVERS
Each Client and User hereby acknowledges that:
- PPSA is not an estate agent, attorney, financial adviser or other professional adviser;
- each Client/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
- there is no obligation on a Client/User to make use of any of the service providers advertised on the Website;
- PPSA does not regulate or take any responsibility for the content, accuracy or completeness of the Advertisements, the Client's/User's information or for the security of the Client's/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.
- Each Client and User hereby acknowledges that:
Each Client and User undertakes to:
- keep confidential all information, whether written or oral, concerning the business and affairs of PPSA and of each other whether obtained from that 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 that 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.
- Each Client and User undertakes to:
INTELLECTUAL PROPERTY 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.
- Users and Clients are granted limited license only for purposes of viewing the material contained on this Website.
PHOTO AND VIDEO CONTENT
To the extent that PPSA produces or procures any videos, virtual tours or photographic content, including High Definition videos and High Dynamic Range photography, (collectively
"Visual Content") for the Client, at the Client's request and cost:
- PPSA will at all times own all the copyright and other intellectual property in the Visual Content;
- PPSA licences the Client to link or use the Visual Content on its own estate agency website and its own social media platforms, provided that the specific media platform has been approved in writing by PPSA in its Acceptable Usage Policy or elsewhere and has not been expressly prohibited by PPSA in any document or notification;
- the Client and the Users may not digitally link, nor permit or direct the placement of, the Visual Content on any other website or digital marketing platform whatsoever, except as set out above.
- Any breach by the Client of the obligations in this clause will be a material breach of this agreement, entitling PPSA to suspend or terminate its service to the Client.
- PPSA may, in its discretion, amend the nature or format of the Visual Content that it makes available for subscription or use by the Client.
- To the extent that PPSA produces or procures any videos, virtual tours or photographic content, including High Definition videos and High Dynamic Range photography, (collectively "Visual Content") for the Client, at the Client's request and cost:
VARIATION OF TERMS
- Company Name is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
- 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/User.
- The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without PPSA's prior written consent
- Any dispute arising between the Parties in connection with the terms and conditions of the Website will in the first instance be referred for resolution to the respective Managing Directors of each Party who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. In the event that the Managing Directors are unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause.
Any dispute referred to arbitration in terms of this clause shall be held:
- in Umhlanga, Durban, KwaZulu-Natal; and
- in accordance with the rules of the Arbitration Foundation of Southern Africa or any successor or replacement body (if any);
- The decision of the arbitrator will be final and binding on the Parties and there will be no right of appeal and the arbitrator’s decision may be made an order of court at the instance of any Party to the arbitration.
- Nothing herein contained will prevent or prohibit either Party from applying to the appropriate court for interim or urgent relief.
- This Agreement shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.
MAIN TERMS AND CONDITIONS:
- These terms and conditions form part of the main terms and conditions of PPSA. In the event of an inconsistency between these terms and conditions and the main group terms and conditions, the main PPSA terms and conditions shall prevail.
- Upon acceptance and signature of these terms and conditions, users and Clients agree and they have revised and had the necessary sight and understanding of the main terms and conditions of PPSA as contained on the PPSA website.
- Users and Clients further agree that in addition to being bound by these terms and conditions, they are bound by the main terms and conditions of PPSA.