TERMS & CONDITIONS GOVERNING THE USAGE OF THIS WEBSITE
The terms and conditions contained on the following pages govern and are binding upon any user of the property directory website www.SAPropertyPages.co.za or any of it’s related products , services or other related appliactions.
Office Address :
Platinum Junction Business Park, Milnerton, Cape Town, South Africa 7441
- In the following pages the terms “you” and “user” as used herein refer to all individuals and/or entities accessing and/or using the website.
- The term “website” or ‘’site ‘’ , as used herein refers to www.SAPropertyPages.co.za
Usage of this website indicates your acceptance of these terms and conditions and you agree to be bound by these terms and conditions . These terms and conditions may be revised by the website at any time by updating this page. Users should visit this page periodically to review the terms and conditions, which is binding upon users .
Terms & Conditions of Use
- Users of the website are prohibited from using the site in order to transmit, distribute, store or destroy material:
- Which is in direct or indirect violation of any applicable law or regulation;
- in any manner that infringes upon or will infringe upon any trademark , copyright , trade secret or any other intellectual property rights of others or will in any manner or form violate the privacy, publicity or other personal rights of others ;
- which is defamatory in nature , abusive , hateful , obscene, threatening or constitutes an infringement in any manner or form .
- Users of the website are prohibited from conducting any of the following with regard to the website:
- Using any device either automatic or manual in process to monitor , manipulate , copy in part or whole any aspect or part of the website or to monitor the website . This includes but is not restricted to the usage of any robot, spider, or tracking device or program of any nature .
- The use of any software , routine , or device or the like to interfere or attempt to interfere with or impede the proper working and operation of the website ;
- Instituting or implementing any action or the like which imposes an unreasonable or disproportionately large load on the website infrastructure and which may hinder the operation of the website in any manner or form ;
- Any form of reproduction of the website or any part of the website , including altering , copying , modifying , or creating derivative works, and / or publicly displaying any content from the website without prior written permission of SA Property Pages ;
- Attempting to discover any source code relating to the website , any form or manner of reverse engineering/assembling or any tool contained therein unless such activity is expressly permitted by SA Property Pages and notwithstanding this limitation;
- Trying to gain unauthorised access to any area of the website to which access is not authorized to anyone other than SA Property Pages .
Copyright and Intellectual Property Rights
- Any and all content, including but not limited to databases , text , graphics ,designs , icons , links , hyperlinks , software , personal and private information , trademarks and data on this website, are the property of SA Property Pages and /or are licensed to the website.
- SA Property Pages does not grant users of this website a licence in any manner or form or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
- In the course of using this website, we may collect or you may provide information about yourself . Such information will become the property of SA Property Pages.
- This information may be used by SA Property Pages to provide you with information regarding our products, services, or events from time-to-time .
- SA Property Pages will cease sending you such information and will also remove your personal information from our database and mailing list should you so request at any time.
- SA Property Pages will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to SA Property Pages employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of SA Property Pages or its associated services or web site(s), SA Property Pages will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
- SA Property Pages is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites.
- Users of the site who do not wish to receive interest-based advertising in web browsers can consult the DAA at www.aboutads.info/choices
- Users of the site can visit https://www.google.com/policies/privacy/ads/ for additional detail .
- SA Property Pages may at its discretion and from time to time disclose your personal information gathered through the site to selected partners for the purposes of marketing property, finance or insurance related services, consent for which is given by you utilising the site. Users of the site may send an email to firstname.lastname@example.org and request SA Property Pages to cease disclosing their information and their details will be removed from the list . Personal information excludes, Physical address, Sold price and Date of property transfer.
- Users of the website are prohibited from attempting to and/or violating and compromising the security of the Website, including but not limited to :
- Unauthorised accessing of data not intended for such user or logging into a server or account which the user is not authorized to access;
- Unauthorised testing or scanning or attempting to probe, the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Unauthorised interference or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, including but not limited to overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
- Unauthorised sending of unsolicited email or emails including promotions and/or advertising of products or services not endorsed or authorised by SA Property Pages ;
- Unauthorised duplication or forging of but not limited to any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- Unlawfully deleting , revising or manipulating any material posted by any other person or entity;
- The use of any device, software or routine which may interfere or attempt to interfere with the proper working and operation of this website or any activity being conducted on this site.
- Any and all Violations of system or network security will result in civil or criminal liability. SA Property Pages will investigate occurrences, which may involve such violations and will involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
- All users are to take note that the website carries property advertisements, news, reviews and other content independently published by third parties on the website. The website is not involved in the buying, selling or development of the property process and must not be considered to be an agent, buyer and/or a developer with respect to the use of the website.
- SA Property Pages shall in no way be responsible for any user entering into agreements or making a decision whatever the nature in connection with the posting of property ads, property information, personally owned property information, use of financial calculators and/or the contents thereof and/or any other information obtained on the website.
- Whilst SA Property Pages has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
- SA Property Pages, and/or any third party contributors of material to the website shall in no event in any manner or form be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with your use of the website, your inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
- Whilst the website contains links to any other internet websites, you acknowledge and agree that SA Property Pages does not have control over any such website and SA Property Pages shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
- These Terms & Conditions form and constitute the entire agreement between SA Property Pages and you. Any failure by SA Property Pages to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision or render SA Property Pages liable in any regard whatsoever .
- Should any term or condition not be fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
www.SAPropertyPages.co.za is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.
In the event of any disputes arising in terms of this agreement or relating to the use or inability to use this web site said disputes 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 Cape Town, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.
SA Property Pages E-mail Disclaimer
The terms of the email disclaimer is subject to but not limited to the conditions outlined below and forms the basis for the industry standard disclaimer in this regard :
- Messages and any accompanying attachment(s) may at various instances contain confidential and copyrighted information. If you are not the intended recipient or addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the attachments to any other person including the intended recipient. Please destroy this message and notify SA Property Pages if this is the case.
- Given that all comments and statements contained within this message are opinions only and not statements of fact SA Property Pages will not accept liability for any loss suffered as a result of relying on this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity of the message.
- A delivery report suffices as confirmation that an e-mail is deemed to have been sent as soon as it is reflected in our service provider’s mail server logs and is deemed to be received once we have either sent a delivery receipt or confirmed receipt by way of e-mail.
- Whilst all reasonable steps have been taken to ensure that this e-mail message is free from destructive code (such as viruses) SA Property Pages cannot guarantee the message is free from destructive code and so cannot be held liable for any loss or damage due to destructive code. Please inform us as soon as possible should you become aware of any destructive code that originated from this e-mail.
- Users of the site should note that SA Property Pages may monitor e-mails in an attempt to ensure the quality of communications as well as for purposes of investigating or detecting the unauthorised use of the e-mail system. Should you not wish for your communications to be subjected to such scrutiny then please do not communicate via this e-mail system .
Property Listing Service
- Users of the SA Property Pages property listing service must take note that in addition to the terms and conditions contained in the clauses above , the following terms and conditions also apply.
- In the following, the term “material” includes any text, photographs, floor plans or other material prepared and submitted by any third party service provider on your behalf.
- SA Property Pages is not nor does it purport or hold itself out to be:
- A realtor or an estate agent generally, or an “estate agent” as defined and contemplated in the Estate Agency Affairs Act, 1976, as amended, or any replacement legislation, in particular; or
- an attorney, conveyancer, financial or tax advisor, mortgage bond originator, or valuer.
- No power or authority has been conferred upon SA Property Pages as agent or otherwise to negotiate or conclude any agreement on your behalf, and no such power must be inferred. Users are liable for all obligations and consequences howsoever arising from their negotiation or conclusion of any agreement pursuant to the use of the Listing Service. Users are strongly urged to make detailed enquiries about any party that they intend negotiating or contracting with, and to obtain advice from a qualified professional before concluding any contract.
- The Listing Service is used at your own risk.
- Use of the Listing Service is subject to the proviso that you may not submit any material that:
- is unlawful in any form , manner or context
- is harmful or detrimental to minors in any manner , form or context
- is fraudulent, false or misleading in any manner , form or context
- infringes upon any third party intellectual property, personal, confidentiality, or other rights
- is obscene in nature or portrays any organisation or individual in a defamatory manner
- Users are solely responsible for all material that they submit and any consequences that may result from their submission. SA Property Pages has the right (but not the obligation), in its sole discretion and without notice, to refuse or to delete any material that SA Property Pages in its sole discretion considers to be in breach of these terms and conditions and which may reflect negatively upon the website .
- Submission of all material must be in the format and detail determined by SA Property Pages from time to time.
- SA Property Pages reserves the right (but not the obligation), without notice:
- At it’s discretion to monitor and moderate any material submitted on the Listing Service
- At it’s discretion to refuse or to restrict any user’s use of the Listing Service, temporarily or permanently .
- SA Property Pages:
- May not be held responsible for the accuracy of any material that is submitted
- In no way , manner or form endorses any material submitted or product listed, and no such endorsement must be inferred, or claimed by the user .
- The user grants SA Property Pages a perpetual, royalty-free, transferable right to publish all material submitted by the user .
- The user must comply with all applicable laws, including (without limitation) the Consumer Protection Act, 2008 (in particular, sections 29 to 39 of that act) and the Alienation of Land Act, 1981.
- In the event that SA Property Pages is instructed to contract with any third party to prepare and submit material on the user’s behalf, SA Property Pages is not liable to the user for any damages or costs howsoever arising as a result of any act or omission on the part of the third party, including (without limitation) any deficiency in the material, or damage or loss incurred at your premises when the third party renders the service; and the user indemnifies SA Property Pages accordingly.
- The user agrees to pay all fees and other amounts charged by SA Property Pages for using the Listing Service from time to time. If the user fails to pay the fees when due, SA Property Pages may (without prejudice to any other rights it may have), without notice, suspend the use of the Listing Service temporarily or permanently. Fees are not refundable.
- OTP Service. SA Property Pages includes in the Listing Service a service (OTP Service) that enables the user to obtain (i) a blank offer to purchase agreement (OTP) for completion, and (ii) the free services of an attorney (OTP Attorney) to help users to complete the OTP. If you use the OTP Service then, in addition to, and without limiting any of the terms and conditions above, the following terms and conditions apply:
- As noted above SA Property Pages is not an attorney, conveyancer or estate agent, and does not purport to be any of those.
- SA Property Pages is not able to, does not, and does not purport to provide any legal services.
- The OTP and the information about the OTP Attorney is provided to you for information purposes only.
- If you decide to use the OTP and/or the services of the OTP Attorney you do so entirely at your own risk. SA Property Pages gives no warranties and makes no representations about the OTP or the OTP Attorney.
- SA Property Pages does not endorse the Attorney.
- In no event shall SA Property Pages be liable for any costs, expenses, losses and damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) howsoever arising out of or in any way connected with your use of the OTP Service, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise. You indemnify SA Property Pages accordingly.