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Terms and Conditions

The Property Site hosts a website under the domain thepropertysite.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.

The Free Trial Period

The Free Trial Period is exclusive to registered estate agents and agencies. You will be entitled to list with us at no cost and list unlimited properties onto The Property Site. This is your free evaluation period and thereafter you have the option of signing up for one of our paid membership packages. We will only begin paid membership options, once we feel that the website has reached a level of excellence and relevance in the online market.

You are not obligated to continue using The Property Site after the free trial period. After the trial period you will be notified and it is your choice to continue using The Property Site. Once your membership is active and paid on a recurring monthly basis, you may cancel your subscription at any time.

General Disclaimers

The Property Site offers online advertising space for users.

Please note that The Property Site is not an estate agency and that The Property Site is merely an advertising platform.

The Property Site is not associated in any way or manner with goods offered for sale or lease by advertisers/ users/ other third parties and in no way represents such advertisers/users/ other third parties or takes responsibility for such goods or services.

Users and advertisers are advised to seek out independent professional advice in respect of any transaction which they may contemplate entering into as a result of the use of this site.

The information that might be provided on this website from time to time is for general guidance only, and is to be used at the user’s/advertiser’s own risk. The Property Site is in no way associated with advisory services, included but not limited to financial, estate agent, legal services and bond origination services, and does not represent the providers of such advice or take responsibility for such advice.

Users and advertisers acknowledge that the site owner takes no responsibility for any transactions entered into as a result of use of this site.

The site owner, its officers, employees, suppliers, affiliates and ISP’s is not liable for any damages, including but not limited to direct, economical, consequential loss or loss of profits, resulting from the use of this site.

This site will permit you to link to many other websites, that may or may not be affiliated with this site, and that may have terms that differ from, or contain terms in addition to, the terms specified here. We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

The advertisers/users acknowledges that The Property Site does not verify or warrant the accuracy or completeness of the advertisements or other information on the site.

This site is provided as available, and as it appears, the site owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness of the site or the information contained in it.

In particular The Property Site does not warrant that: The site will be accessible and operative on a 24-hour- per-day, 7 day-per week basis; and that any downloads or application accessed through the site is free of viruses, Trojans, or other harmful applications or mechanisms.

The Property Site retains the right to deny access to anyone at its discretion for any reason, including for violation of these terms and conditions.

Intellectual Property

This site is owned by The Property Site and the advertiser/user acknowledges that The Property Site or its licencors are the proprietors of all intellectual property subsisting in pertaining to or used on this site, including, without limitation, copyright, trade marks, patents, inventions, goodwill and trade secrets.

You may not frame or otherwise incorporate into another website any of the content or other materials on this site without prior written consent of The Property Site.

Advertisers/users special notices

By registering as an advertiser on this site you warrant that the details you provide on registration are true and accurate.

It is your responsibility to promptly update any changes to your account details. You must create a password when you register and you are responsible for maintaining the confidentiality of that password. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting for any services via this site, and you will be responsible for any and all activity conducted using your password. You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account. If you believe someone has, without authorisation, accessed an account that you created on this site, please contact us immediately.

The Property Site accepts responsibility, subject to these terms and conditions, for all direct aspects of transactions relating directly to the sale of advertising spaces on this site.

When you register your account on this site you may be given the opportunity to opt-in to receive marketing emails from us, our group companies or third parties, you may opt-out out any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.

Any payments made to The Property Site will be subject to the payment terms as per the contract with The Property Site.

The site owner may, in its sole discretion, amend any pricing and rates set out on this site.

The Property Site may cede or assign any of its rights or obligations or sub-contract any of its obligations in terms of any agreement with an advertiser/user without requiring the prior consent of the advertiser/user.

The advertiser/user may not cede or assign any of its rights or obligations in terms of this agreement without The Property Site’s prior written consent.

You agree to defend, indemnify and hold harmless The Property Site, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the site by you or your account. The Property Site reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these terms and conditions. In such event, you shall provide The Property Site with such cooperation as is reasonably requested by The Property Site.

The Property Site may terminate or suspend these terms and conditions at any time without notice to you. Without limiting the foregoing, The Property Site will have the right to immediately terminate your account in the event of any conduct by you which The Property Site, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these terms and conditions.

No users/advertiser may link any page on the site without The Property Site’s prior written consent.

Advertisers or other third parties must ensure that none of the information or advertisements provided by it to The Property Site 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 this site.

All advertiser’s/user’s undertake to keep confidential all information, whether written or oral, concerning the business and affairs of The Property Site including any agreements regarding The Property Site entered into by them and of each other, whether obtained from each other or any other third party; further not to disclose the information to any person other than its employees, agents and/or consultants involved in the implementation of any transaction with The Property Site or between each other, without that party’s prior written consent ( the provisions of this clause do not apply to any information which is publicly available).

Privacy Policy

Advertisers/users agree that by using this site, they provide The Property Site with certain personal information, including, without limitation, its name, company details, property searches, addresses, contact numbers, email address, advertisements, location information, valuations, prices and property specifications. It is mandatory for advertisers/users to provide some personal information in order to access the site.

The Property Site collects personal information as necessary for the site as it appears and to provide services to the advertisers/users.

By using the site, advertisers and users give consent to The Property Site for using or disclosing their personal information in the following circumstances: for communication to users/advertisers, statistical/data purposes, site improvement, service improvement, ordinary course of business and that of its affiliate’s business, by order of court.

The Property Site will only use the personal information for the purposes as indicated on the site which includes but is not limited to delivering services.

This site will not disclose any personal information regarding advertisers/users to any third party unless the advertiser/user consents to it, or the site is required to do so by law.

No credit card information is retained or stored by the website owner.

You have the right to rectify the personal information that you provided, please notify us should you wish to do this.

The Property Site and its affiliates will keep all the personal information collected for a period of one year from the date on which it was last used. The Property Site and its affiliates will delete any personal information stored/ under its control which is no longer used.

Personal Information/ copyright/ database collected through this site is the property of the site owner.

This site uses “cookies” to enable it to personalise each advertiser’s/users visits to the site, simplify the signing-in procedure, keeping track of your preferences and to track the usage of the site.

Governing law

These terms and conditions are governed by South African law and the agreement between you and us is made in South Africa. Any disputes will be settled in the relevant forum of South Africa. If any provision of these terms and conditions is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

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