PropertyCentral is owned by Intergalactic Property (Pty) Ltd, and hosts a website under the domain
propertycentral.co.za.
The goal of this website (hereinafter referred to as “site”) is to provide you with access to a
network of real estate products/services and related links to meet your needs. Please read the terms
and conditions carefully before continuing use of this site. The below is the terms and conditions
under which you may use this site or any related apps and services. By using this site the user
agrees and is deemed to have agreed to observe all terms and conditions of use, including the
privacy policy. We reserve the right to amend these terms from time to time. It is your
responsibility to familiarise yourselves with any amendment or alteration affected. If you do not
agree with the terms and conditions or amendments you may not use the services provided by this
site.
- INTRODUCTION
- This website is owned and operated by Intergalactic Property (hereinafter
referred to as ‘PROPERTYCENTRAL’) and can be accessed on
Propertycentral.co.za(hereinafter referred to collectively as ‘this website’
or the website’ as the context may require).
- These Terms and Conditions apply to visitors and users of this website. Use of this
website is made available subject to these Terms and Conditions as set out below,
including, but not limited to policies, notices as well as any documents that are
referred to in clauses set out in these Terms and Conditions.
- By using this website you agree to be bound by, and to comply with, these Terms and
Conditions and any further Terms and Conditions that PROPERTYCENTRAL may prescribe from
time to time. These Terms and Conditions may be changed in the future without notice and
your continued use of this website signifies your acceptance of the updated and/or
modified Terms and Conditions.
- Any new features or tools which are added to this website shall also be subject to these
Terms and Conditions.
- By using this website you acknowledge that you have read, and agree to be bound by these
Terms and Conditions.
- By agreeing to the terms of these Terms and Conditions you represent that you reached
the age of majority in your state or province of residence, alternatively, that being a
major in your state or province of residence you hereby consent to allow your dependents
to use this website.
- For purposes of convenience clauses contained herein that are deemed to be important
(clauses that may limit our responsibility or involve risk for you) will be in bold
and/or italics and/or highlighted, as such, special attention is required for such
clauses.
- This website is offered to you under the provision that you agree to use this website
only in line with these Terms and Conditions and any applicable laws, rules and
regulations.
- These Terms and Conditions form an agreement between you and PropertyCentral, it
is therefore your prerogative to ensure that you understand all provisions contained
herein.
- By continuing to use this website you agree to accept, without modification,
limitation or qualification these Terms and Conditions.
- In terms of section 11 of the Electronic Communications and Transactions Act 25
of 2002 (‘ECTA’) and the common law of contracts, these Terms and
Conditions are valid, binding and enforceable against all persons that access this
website.
- Disclosures in terms of section 43 of the Electronic Communications and
Transactions Act.
The full name and legal status of the proprietor of this website is:
Intergalactic Property
The full web address of the proprietor of the website is:
www.propertycentral.co.za
The full address of the proprietor of the Website is:
Telephone number: Tel: 078 745 7319
Email address: info@propertycentral.co.za
Physical address for receipt of legal service:
1 New Road Office Park, 5 New Road, Midrand.
Main business:
We specialize in online advertising and marketing via Multi Sided Online Platforms.
- Notwithstanding the fact that there are hyperlinks in these Terms and Conditions,
applying to
copyright notices and legislation, the hyperlinks should be deemed to be part of these
Terms and
Conditions in terms of Section 11 of ECTA, the fact that some or all of the hyperlinks
may be
non-operational, will not play a role in determination of the validity and
interpretation of
these Terms and Conditions.
- Termination: the proprietor of this website has the right to suspend or
terminate your
access to and use of this website at any time, for any reason, without notice to
you. All
licenses granted hereunder may also be terminated by the proprietor at any time. If
you
breach any of these Terms and Conditions, the rights granted hereunder shall
automatically
terminate.
- INTERPRETATIONS AND DEFINITIONS
- The following words shall, unless the context otherwise requires, have the meanings
hereinafter assigned to them:
- words signifying the singular number shall include the plural and vice
versa;
- words signifying the masculine shall include the feminine;
- any words defined in the Electronic Communications and Transactions Act 25 of
2005 not defined hereunder shall bear the same meaning in these Terms and
Conditions in relation to matters referred to herein;
- a reference to any Act shall include any amendment thereto or Act in
substitution therefore;
- each term, power or authority herein shall be given the widest possible
interpretation;
- the headings to the sections in these Terms and Conditions are for reference
purposes only and shall not be taken into account in the interpretation of the
provisions in these Terms and Conditions.
- The following words expressions and abbreviations shall have the meaning hereinafter
assigned to them:
- ‘content’ means any material, in whatever form,
including but not limited to any information, posts, photographic shots, 3D
conversions of photographic shots, 3D tour, video recordings, adaptations,
logos, buttons, icons, software, trademarks, texts, graphics, software, music,
sound, audio, photographs, videos, data, database, Intellectual Property,
Confidential Information contained in this website;
- ‘Copyright’ means the Intellectual Property
contained in the content which shall vest in all the content contained on this
website, such content irrespective of the form in which it is displayed or
presented remains the property PROPERTYCENTRAL.
- ‘Intellectual Property’ means any and all
information, content, Copyright, graphics or otherwise contained in this
website, irrespective of whatever form it takes;
- ‘territory’ means the whole world;
- ‘Terms and Conditions’ means this agreement between
the users or visitors of this website and the proprietor of this website;
- ‘Third Party Websites’ means any other website not
belonging to PROPERTYCENTRAL.
- ‘Party’ singularly refers to a user of this
website; ‘Parties’ collectively refers to a user of this website and
the proprietor of the website;
- ‘Privacy Policy’ means the manner in which the user
of the website will administer the information acquired as a result of use of
this website;
- ‘service’ means the service and products provided
on this website;
- ‘user’ means any person visiting or using this
website, also referred to as ‘you’ as the context may require
including advertisers, persons listing properties and persons marketing
services;
- ‘website’ means the PROPERTYCENTRAL websites, owned
and operated by INTERGALACTIC PROPERTY which can be accessed on
www.propertycentral.co.za;
- ‘written notice’ means any notice sent to
PROPERTYCENTRAL by a user of the website, addressed to PROPERTYCENTRAL through
the details noted in paragraph 1.9 supra.
-
USE OF WEBSITE
- The purpose for which this website has been established is to provide advertising and
marketing services for property sales and rentals by Property Practitioners (Estate
Agents) and individual property owners; and to promote the services we provides, namely
advertisng and marketing solutions to companies and individuals. The services offered on
this website may be stated on various platforms. The information provided on such pages
are subject to change.
- The user’s access to and use of this website is solely at the user’s own
risk.
- Our Services may contain links to other websites. The fact that we link to a website is
not an endorsement, authorization or representation of our affiliation with that third
party. We do not exercise control over third party websites. These other websites may
place their own cookies or other files on your computer, collect data or solicit
personally identifiable information from you. Other sites follow different rules
regarding the use or disclosure of the personally identifiable information you submit to
them. We encourage you to read the privacy policies or statements of the other websites
you visit.
- Use of this website by a user is limited to personal and/or non-commercial purposes
only. None of the content from the website will be used or exploited by users for any
commercial and non-private purposes, without the prior written consent from the
proprietor of the website.
- We reserve the right to claim damages from and/or institute criminal proceedings against
a user for misuse or infringement of any content published on the website.
- Use of this website does not confer any rights, licenses and/or permissions on the user
unless expressly set out in these Terms and Conditions.
- The user hereby agrees not to use the website for any purpose that is unlawful, improper
or prohibited by these Terms and Conditions or laws of the Republic of South Africa.
- The user agrees that it will not link or frame any page, in whole or in part, in any
manner whatsoever, without the prior written consent.
- In using the website a user will not and is specifically prohibited from:
-
Publishing any content from the website on any other media, without the
written authorization;
-
Selling and/or otherwise commercializing any content from the website;
-
Using the website in any way that is or may be damaging to the website;
-
Using the website in any way that impacts user access to the website;
-
Using this website contrary to applicable laws and regulations, or in any way
which may cause harm to the website, any person or entity;
-
Engaging in any data mining, data harvesting, data extracting or any other
similar activity in relation to this website;
-
Using the website to engage in any advertising or marketing;
-
Access or attempt to access any service or content which the user is not
authorized to access;
-
Transmitting any worms or viruses or any code of a destructive nature;
-
Attempt to change, adapt or modify any content of the website on the website
itself or on another platform;
-
Disrupt or interfere with the security of, or otherwise cause harm to, the
website.
- A breach or violation of any of the terms of these Terms and Conditions will result in
the immediate termination of the services being provided or to be provided to the user
of this website.
- We reserve the right to refuse to provide our service to any user of this website.
- PROPERTYCENTRAL expressly reserves the right, in its sole and absolute discretion, to
alter and/or amend any criteria or information set out in the Website without prior
notice.
- Nothing on the Website shall be construed as an offer by PROPERTYCENTRAL to you, the
user, but merely an invitation to do business.
- You may send content and other communications to and/or via this Website provided that
the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to third
parties and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
“spam.” You may not use a false email address, impersonate any person or
entity, or otherwise mislead as to the origin of a communication. PROPERTYCENTRAL
reserves the right to remove or edit such content in its sole discretion.
- You hereby represent and warrant that you own or otherwise control all of the rights to
the content that you post on this Website; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to any person
or entity; and that you indemnify PROPERTYCENTRAL or its affiliates from all and any
claims resulting from content you supply to PROPERTYCENTRAL. PROPERTYCENTRAL shall not
be held responsible or liable for any content posted on the PROPERTYCENTRAL Websites.
- SERVICES
- Certain services and services incidental thereto may be made available exclusively
through this website, which may change from time to time.
- The Client acknowledges that the Service Providers’ terms and conditions of
service shall govern the use of such platform or component as between PROPERTYCENTRAL
and such Service Provider. The Parties further record and agree that PROPERTYCENTRAL
shall, at anytime during the term of this Agreement, be entitled to appoint and/or
terminate the services of such Service Providers provided that such appointment and/or
termination of Service Providers shall not be materially detrimental to
PROPERTYCENTRAL’s performance of its obligations and/or compromise the service
levels agreed to in terms of this Agreement.
- PROPERTYCENTRAL hereby agrees to ensure that the standard of the Services it shall
render to the Client in terms of this Agreement shall be in accordance with relevant
industry standards.
- ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
- We are not responsible if information made available on this website is not accurate,
complete or current. The content and/or material on this website is provided for general
information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more timely
sources of information.
- Any reliance on the content and/or material on this website is solely at the
user’s risk.
- This website may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this website at any time. Notwithstanding the
aforementioned, we are not under any obligation to update any information on the
website.
- The user of this website hereby acknowledges and agrees that the responsibility to
monitor changes to this website as well as these Terms and Conditions falls on the user.
-
ERRORS, INACCURACIES AND OMISSIONS
-
Occasionally there may be information on our website or in the service that contains
typographical errors, inaccuracies or omissions that may relate to the service
description, or information provided by users. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders
if any information in the service or on any related website is inaccurate at any time
without prior notice.
-
We undertake no obligation to update, amend or clarify information in the service or on
any related website, should be taken into indicate that all information in the service
or on any related website has been modified or updated.
- HYPERLINKS TO AND FROM THIRD PARTY APPS
- This website may link the user to other Third Party Websites. We hereby confirm that any
link to a Third Party Website does not and should not be interpreted to mean the Third
Party Website is under the control or belongs to us.
- The user hereby acknowledges that we are not accountable for the accuracy, copyright
compliance, legality, decency, or any other aspect with regards to a Third Party
Website.
- We do not provide any warranties, representation or conditions of any kind for any Third
Party Website.
- Any links to a Third Party Website may not be construed as an endorsement by us of the
Third Party Website’s content or as an association with the operators of the Third
Party Website.
- Use of any Third Party Website by a user is entirely at the users risk and discretion,
as such, it is the prerogative of the user to familiarize himself or herself with and
approve of the terms of the Third Party Website.
- We will not be liable, in any manner whatsoever, for any damage, loss or liability that
resulted from the use of the content from the Third Party Website.
- Any personal information provided to a third party on a Third Party Website as a result
of a link on this website is at the user’s risk and we are not responsible for any
actions or policies of such third party.
- ELECTRONIC COMMUNICATIONS
- When a user visits the website and completes a contact form to request information, or
when the user sends an email to us, and the user does not explicitly request a
non-electronic communication medium; the user consents to receiving communications from
us electronically and agrees that all agreements, notices, disclosures and other
communications sent by us satisfy any legal requirements, including, but not limited to
the requirement that such communications should be ‘in writing’.
- The user acknowledges and accepts that the action to click on specified buttons on
certain web forms on the website may constitute an expression of consent, agreement or
other statement, as the case may be.
-
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
ACT
-
No agreement shall be concluded merely by sending a data message to this website or
its proprietors. Valid agreements require an offer, acknowledgment of an offer and
acceptance thereof from PROPERTYCENTRAL.
-
No email message shall be deemed to have been received by PROPERTYCENTRAL until a
response has been issued from PROPERTYCENTRAL. An automated response from
PROPERTYCENTRAL shall not satisfy this requirement.
- PERSONAL INFORMATION
A user’s submission of personal information on the website is governed by our Privacy
Policy which can be found on our website.
- DIRECT MARKETING
This website may contain advertisements for related services products and goods, which each
user shall have access to as a result of using the website. Furthermore, users who have
provided their personal information in view of receiving a service from PROPERTYCENTRAL, as
such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of
Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services
offered by PROPERTYCENTRAL.
- PROHIBITED USES
- In addition to any prohibitions set out in these Terms and Conditions, the users of the
website are prohibited from using the website or its content for:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual
property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or diability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the
Service or of any related Website, other Websites, or the Internet;
- to collect or track the personal information of others;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the website or any
related website, other websites, or the internet. We reserve the right to
terminate your use of the service or any related service for violating any of
the prohibited uses.
- DISCLAIMER
- 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.
- PROPERTYCENTRAL shall not be responsible for any user entering into agreements or making
decision whatever nature in connection with the posting of property ads, property
information, personal owned property information, use of financial calculators and/or
the contents thereof and/or any other information obtained on the website.
- Whilst PROPERTYCENTRAL 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.
- In no event shall PROPERTYCENTRAL, and/or any third party contributors of material to
the website 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.
- Insofar as the website contains links to any other internet websites, you acknowledge
and agree that PROPERTYCENTRAL does not have control over any such website and
PROPERTYCENTRAL 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.
- LISTING SERVICES
- If you use the PROPERTYCENTRAL’S listing service (Listing Service) then, in
addition to the terms and conditions above, the following terms and conditions apply.
- In the following, "material" includes any text, photographs, floor plans or
other material prepared and submitted by any third party service provider on your
behalf.
- PROPERTYCENTRAL is not, and does not hold itself out to be:
- 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
appraiser.
- A property practitioner or master practitioner as defined and contemplated in
the Property Practitioners Act No. 22 of 2019, as amended, or any replacement
legislation, in particular; or
- PROPERTYCENTRAL has no power as agent or otherwise to negotiate or conclude any
agreement on your behalf, and no such power must be inferred. You are liable for all
obligations and consequences howsoever arising from your negotiation or conclusion of
any agreement pursuant to the use of the Listing Service. You are strongly urged to make
detailed enquiries about any party that you intend negotiating or contracting with, and
to obtain advice from a qualified professional before concluding any contract.
- You use the Listing Service at your own risk.
- When using the Listing Service you may not submit any material that:
- is unlawful;
- is harmful to minors;
- is fraudulent, false or misleading;
- infringes any third party intellectual property, personal, confidentiality, or
other rights; or
- is defamatory or obscene.
- You are solely responsible for all material that you submit and any consequences that
may result from your submission. PROPERTYCENTRAL has the right (but not the obligation),
in its sole discretion and without notice, to refuse or to delete any material that
PROPERTYCENTRAL in its sole discretion considers to be in breach of these terms and
conditions.
- You must submit all material in the format and detail determined by PROPERTYCENTRAL from
time to time.
- PROPERTYCENTRAL has the right (but not the obligation), without notice:
- to monitor and moderate all material submitted on the Listing Service; and
- to refuse or to restrict any user's use of the Listing Service, temporarily
or permanently.
- PROPERTYCENTRAL:
- is not responsible for the accuracy of any material that is submitted; and
- and does not endorse any material submitted or product listed, and no such
endorsement must be inferred, or claimed by you.
- You grant PROPERTYCENTRAL a perpetual, royalty-free, transferable right to publish all
material submitted by you.
- You 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.
- If you instruct PROPERTYCENTRAL to contract with any third party to prepare and submit
material on your behalf, PROPERTYCENTRAL is not liable to you 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 you indemnify
PROPERTYCENTRAL accordingly.
- You agree to pay all fees and other amounts charged by PROPERTYCENTRAL for using the
Listing Service from time to time. If you fail to pay the fees when due, PROPERTYCENTRAL
may (without prejudice to any other rights it may have), without notice, suspend your
use of the Listing Service temporarily or permanently. Fees are not refundable.
- As noted above PROPERTYCENTRAL is not an attorney, conveyancer, property practitioner or
estate agent, and does not purport to be any of those.
- PROPERTYCENTRAL is not able to, does not, and does not purport to provide any legal
services.
- In no event shall PROPERTYCENTRAL 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 this Service, and
whether or not such costs, expenses, losses and damages are based on contract, delict,
strict liability or otherwise. You indemnify PROPERTYCENTRAL accordingly.
- COPYRIGHT
- Copyright © PROPERTYCENTRAL 1 New Road Office Park, 5 New Road, Midrand. All rights
not expressly granted remain reserved.
- Copyright shall vest in all the content contained on the website, irrespective of the
form in which it is displayed or presented. We retain its entire right, title and
interest in and to the content of the website.
- Use of the website by a user does not confer any license or permission by us to the use
of the content of the website, save for personal use by the user. Commercial use of any
of the content of the App is prohibited unless written permission is obtained from us,
in which event the document granting right of use will expressly provide the extent and
limitations of the use of the content of the website.
- Notwithstanding any other provisions in these Terms and Conditions, the rights as it
relates to the content of the website remain reserved.
- Your attention is hereby drawn to the fact that Copyright Infringement is a
criminal offence.
- INTELLECTUAL PROPERTY RIGHTS
- All content included on the website, including but not limited to the any information,
posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software,
music, sound, audio, photographs, videos, data, database, Intellectual Property,
Confidential Information contained in the website are protected by South African and
International Intellectual Property Treaties.
- Any compilation, meaning; the collection, arrangement and assembly, of all content on
the website is the property of PROPERTYCENTRAL either as Proprietor or Licensee and is
protected by South African and International Copyright and Intellectual Property laws.
- The user will not, other than for his or her personal and non-commercial use, store on
his or her computer, or any other device, print copies of extracts from the App, mirror
or cache information provided on the website, on his or her own server, computer,
mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify
or re-use the text or graphics from this website, without the prior written permission
of us.
- All Trade marks reflected on the App are the exclusive property of IPROPERTYCENTRAL.
Unauthorised use of these Trade marks is prohibited. Full details of the Trade marks
owned by PROPERTYCENTRAL in relation to this website are available upon request.
- Notwithstanding any other provisions in these Terms and Conditions, the Intellectual
Property rights in the website as it relates to the content of the website remain
reserved.
- LINKING AND FRAMING
- The website may contain links to other websites (‘Linked Sites’). The Linked
Sites are not under the control of PROPERTYCENTRAL and are not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. PROPERTYCENTRAL is not responsible for
webcasting or any other form of transmission received from any Linked Site. We provide
the aforementioned links to the user of this website only as a convenience, and the
inclusion of any link does not imply endorsement or association with the operators of
any site.
- Any third party site may link to this App provided that such a link is directed at the
home page of this website. It is expressly prohibited for any person, business, entity
or web site to link any page other than the home page of this website, without the prior
written approval of PROPERTYCENTRAL.
- It is expressly prohibited for any person, business, entity, or App to frame any page of
this website, including the home page, in any way whatsoever, without the prior written
approval of PROPERTYCENTRAL.
- OUR POLICY TOWARDS CHILDREN
- If a parent or guardian becomes aware that his or her child has provided us with
Personal Information without his/her consent, he or she should contact us
at info@propertycentral.co.za.
- We do not knowingly collect Personal Information from children under 18. If we become
aware that a child under 18 has provided us with Personal Information, we will delete
such information from our files.
- If you are under the age of 18, please do not submit any Personal Information through
the Services. We encourage parents and legal guardians to monitor their children’s
Internet usage and to help enforce our Privacy Policy by instructing their children
never to provide Personal Information via the Services without their permission.
-
BREACH
-
In the event that, the user of this website commits a breach
of these Terms and Conditions, the Party will request the other party who committed
the breach, by way of a written notice, to rectify the breach within a period of 7
(seven) days.
-
If the Party in breach fails to rectify the breach within the time frame
stipulated supra, the other party may terminate these Terms and
Conditions, which constitutes an agreement, immediately.
-
Nothing in these Terms and Conditions shall be interpreted to preclude any Party from
instituting legal proceedings against the other Party who is in breach.
-
The termination of these Terms and Conditions, for whatever reason, will not affect
the rights of either the user of this website or the proprietor of this website,
which:
-
May have accrued before the termination of these Terms and Conditions; and
-
Specifically, or by their nature survives the termination of these Terms and
Conditions.
-
DISPUTES
-
In the event of a dispute between the user and any third
party, we will not be involved in such dispute, unless we deem it necessary to
protect its rights and interests.
-
In the event of dispute between the user and the proprietor of this website, the user
must address the proprietor of this website, in writing, and forward same
to info@propertycentral.co.za. The administrator will contact the party
involved in an attempt to resolve the matter.
- PRIVACY POLICY
- The provisions in these Terms and Conditions are in conjunction with the provisions as
contained in the Privacy Policy as provided for on the website, which can be found
below.
- A user undertakes to provide accurate and current information, and not to impersonate or
misrepresent any person or entity.
- We agree not to use, without a user’s express consent, a user’s personal
information for any purpose other than it was disclosed.
- Although we take every precaution to protect the private information of users, and
attempts to ensure that all of employees, third party service providers or partners who
may have access to such personal information adhere to the same standard of privacy, we
take no responsibility for the breach, loss or misuse of such private information when
in possession of such parties.
- We agree to return or destroy any and all personal information of a Consumer in its
possession or control, on written request of such Consumer.
- We undertake not to retain any personal information for a period which may be exceed the
period for which such information was originally provided, unless it is required by law
to do so.
- We undertake never to sell or make available the personal information of a user to any
third party other than as provided for in these Terms and Conditions, unless where
required to do so by law.
- We shall not be liable for any loss or damage arising as a result of any disclosure of
personal information to third parties by a user directly.
- As a listing platform for the purposes of marketing it is understood that contact
information is provided to be displayed on the websites for the purposes of being
contacted by prospective clients, either directly or through website features. This
information can be, but not limited to, name, surname, cell number and email address, to
be displayed for advertising purposes
-
PLATFORM SECURITY
-
We will take reasonable steps, to secure the electronic
content, and the information provided by and collected from the user, from
unauthorised access (hacking) and/or unauthorised disclosure. However, we do not
make any warranties nor any representations that content will be 100% (one hundred
percent) safe and secure.
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General and technical information is collected either electronically by using cookies
or is provided voluntarily by the user. Users may determine cookie use independently
through their own browser settings.
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We are under no legal duty to encrypt any content or communications from and to the
website and is also under no legal duty to provide digital authentication of any
page on the website.
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Users may not deliver or attempt to deliver, whether on purpose or negligently, any
damaging code, such as computer viruses, but not limited to, to the website or the
server and computer network that support the website.
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Notwithstanding criminal prosecution, any User who delivers any damaging code to the
website, whether on purpose or negligently, will, without any limitation, indemnify
and hold us harmless against any and all liability, damages and losses the
proprietor of this website and its partners / affiliates may suffer as a result of
such damaging code.
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Users and visitors of this website may not develop, distribute or use any device to
breach or overcome the security measures of the website and we reserve the right to
claim damages from any and all persons concerned with a security failure or breach
of these Terms and Conditions.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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Subject to the provisions of sections 43(5) and 43(6)
of the Electronic Communications and Transactions Act, we shall not be liable
for any damage, loss or liability of whatsoever nature arising from the use or
inability to use this website or the services provided from and through the
website. Furthermore, we makes no representations or warranties, implied or
otherwise, that, amongst others, the content and technology available from this
website are free from errors or omissions or that the service will be
uninterrupted and error free.
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This website is supplied on an ‘as is’ basis and has not been compiled or
supplied to meet the user's individual requirements. It is the sole
responsibility of the user to satisfy himself or herself, prior to entering into
this agreement with us, that the service available from and through this website
will meet the user's individual requirements.
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Information, ideas and opinions expressed on this website should not be regarded as
professional advice or the official opinion of PROPERTYCENTRAL.
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The user’s use of the website is dependent on factors beyond the
control, such as but not limited to, the user’s network coverage or
availability, the user’s ISP availability or the user’s device
capability or capacity.
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We are not liable for any loss or damage the user may suffer if a factor beyond its
control arises and the user cannot access the website.
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In no case shall we, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
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No information or data on the website constitutes an offer to do business, but merely
an invitation to consider the service provided by PROPERTYCENTRAL.
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No agreement shall be concluded merely by sending a data message via the contact form
contained on the website or to any email address listed on the website.
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No data message sent via the contact form contained on the website or to any email
address listed on the website shall be deemed to have been received by us until a
response has been issued by us, an automated response from us shall not satisfy this
requirement.
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WAIVER AND SEVERABILITY
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Any failure or delay by us to exercise or enforce any right
or provision will in no way constitute a waiver of such right or provision.
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In the event that any Term and Condition detailed herein is found unenforceable or
invalid for any reason, such separate term(s) or condition(s) will be severable from
the remaining Terms and Conditions. The remaining Terms and Conditions will remain
enforceable and applicable.
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CHANGES AND AMENDMENTS
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We expressly reserves the right, in its sole and absolute
discretion, to do any of the following, at any time without prior notice:
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Change these Terms and Conditions. The user of this website can review the
most current version of these Terms and Conditions at any time by accessing
the ‘Terms and Conditions’ link on the website;
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Change the content and/or services published on the website;
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Discontinue any aspect of the website, or services published on the website;
and/or
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Change the software and hardware required to access and use the website.
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TERMINATION
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The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of this agreement for all
purposes.
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These Terms and Conditions are effective unless and until terminated by either you or
us. You may terminate these Terms and Conditions at any time by notifying us that
you no longer wish to use our services, or when you cease using our website.
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If in our sole judgement you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms and Conditions, we also may terminate this
agreement at any time without notice.
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GOVERNING LAW & JURISDICTION
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These Terms and Conditions will be governed by and construed
in accordance with the laws in force in the Republic of South Africa.
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Nothing in these Terms and Conditions limits either Parties right to approach a
competent Court, tribunal or forum of competent jurisdiction in respect of any
dispute arising in connection with this App and which cannot be settled on the basis
described in these Terms and Conditions.
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INTERNATIONAL USE
The website has functionally worldwide, notwithstanding the aforementioned, we at no
time make any representation, whether directly or indirectly, expressly or tacitly
that any materials available on this website are appropriate for use outside of the
Republic of South Africa. Any access to materials on the website, in any
international regions where said access is illegal, is strictly prohibited. Those
who choose to access this website from other locations do so on their own initiative
and at their own risk and are responsible for compliance with the relevant local
laws.
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LEGAL COSTS
We will not be liable for costs incurred by users to obtain professional advice
relating to these Terms and Conditions.
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ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the proprietor of
the website and a user of the website in relation to your use of this website, and
supersede all prior agreements and understandings.