Introduction

By using this website (“Site”) and the services contained therein (‘Services’) you agree to comply with and be bound by the following terms and conditions (‘Terms of Use’). If you do not agree to and accept these Terms of Use, you should not use this website. All references within these Terms of Use to ‘you/your’ refer to the person accessing, browsing and/or making use of the Services. All references within these Terms of Use to ‘we/us/our’ refer to ImmoAfrica Holdings (Pty) Ltd., herein after referred to as “ImmoAfrica”. ImmoAfrica reserves the right to add to, amend or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any additions, amendment or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. The Services provided by us are inter alia that of a facilitator of real estate related information by making the information available to you on an intelligent information technology platform. Accordingly the success of the Services depends on the information that we are supplied by agents and any other third party.

Warranties

• You warrant not to transmit any material designed to interrupt, damage, destroy or limit the functionality of our website or the Services.
• You warrant not to use the Services other than for your own personal use or as an agent listing properties for sale and to rent.
• You warrant not to attempt to copy our data or reverse engineer our processes without our consent.
• You warrant not to use our Services in any manner that is illegal, immoral or harmful to us.
• You warrant not to use our Services in breach of any policy or other notice on our website.
• You warrant not to remove or alter any copyright notices that appear on our website.
• You warrant not to transmit materials protected by copyright without the permission of the owner.
• You warrant not to publish any material that may encourage a breach of any relevant laws or regulations.

Materials you provide

• By submitting any content, information or documentation on the Site or otherwise providing content to us in connection with the Services (‘Materials’), you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to:
  • Use, reproduce, distribute, display, modify and edit these Materials in connection with the Services;
  • To sub-license these rights to the maximum extent allowed by law.
• We will not pay you any fees for these Materials and reserve the right in our sole discretion to remove or edit them at any time.
• You also warrant and represent that you have all rights necessary to grant us these rights.
• We permit you to post Materials on our website in accordance with our procedures provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

Your responsibilities

• We are not an estate agency and we provide a service whereby agents may market and view property details (‘Details’) together with other content hosted and developed by us.
• Agents are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
• Details are hosted by us in good faith but are produced directly by agents and have not been verified by us.
• You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
• You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
• You are responsible for ensuring that you act in good faith towards any other parties.

Third Parties

• Our Site may contain links to third party products, services and/or websites that are not affiliated with us.
• We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them.
• Our Site may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
• Any links or advertisements on our Site should not be taken as an endorsement by us of any kind. Furthermore, our Site contains data provided by third parties and we accept no responsibility for any inaccuracies in this material.
• You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Copyright & Intellectual Property

• For purposes of this clause “IP Materials” shall mean:
  • Any patent, trade mark or service mark, copyright, design, business name, trade secret or confidential information whether registered or unregistered; and
  • A licence, marketing or other right to use or to grant the use of any of them or to be the registered proprietor or user of any of them wherever subsisting in the world; and
  • All developments, know how, discoveries, inventions, improvements and innovations whether patentable or not or capable of being protected by other means (including all data and records) which ImmoAfrica or any of their respective employees or agents may invent, discover, originate or conceive either by themselves or in conjunction with others in connection with the activities or otherwise which in any way relate to, arise out of or may be useful in connection with the Site and/or the Services; and
  • All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures and other files, and the selection and arrangement and compilation of information a thereof.
• All IP Materials are proprietary property of ImmoAfrica or its licensors, or users and are protected by South African and international copyright laws.
• You are granted a limited, non-sub-licensable right to access this Site, use the Services and print the IP Materials for your personal, non-commercial, and informational use only.
• We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does not include the right for you to:
  • Publish, publicly perform or display, or distribute to any third party any IP Materials, including reproduction on any computer network or broadcast or publications media;
  • Market, sell or make commercial use of the Site or any IP Materials;
  • Systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • Make derivative uses of the Site or the IP Materials; or
  • Use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
• Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
• ImmoAfrica does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner. ImmoAfrica uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. ImmoAfrica does assert copyright and reserves all right to the search results and associated compilations.

Disclaimer

• The Services are provided on an ‘as is’ and ‘as available’ basis and we make no representations or warranties of any kind, either express or implied.
• You expressly agree that your use of the Site and the Services is at your sole risk and we expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use.
• We accept no responsibility and make no guarantee that the Services will be free from faults, errors and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Services or any information provided.
• Property descriptions and other information provided on the Site are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of buyers and parties intending to rent to satisfy themselves as to the accuracy of any property descriptions and the responsibility of agents to ensure the accuracy of any descriptions provided.
• Any news articles, promotional information or information brochures provided on the Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. None of the Services are intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and lawyers if relevant to their particular circumstances.
• We shall not be liable for any losses suffered as a result of relying on any information published on the Site.

Limitation of Liability

• For the avoidance of doubt, we confirm that the limitations of liability contained in this clause shall not substitute or novate any other disclaimers, indemnities of limitations of liability contained in these Terms of Use but are included in addition to any other protection afforded to us by these Terms of Use.
• In no event shall we nor any of our officers, shareholders, directors, employees, agents or suppliers (“the protected parties”) be liable for any loss including but not limited to direct, indirect, consequential, incidental, special or any other damages arising from your use of the Services or the Site in general.
• Should you not agree with any part of these Terms of Use or have any dispute or claim against the protected parties with respect to these Terms of Use or the Services, your sole and exclusive remedy will be to discontinue using the Services.
• Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.

Indemnification

• You unconditionally and irrevocably indemnify the protected parties against all and any claims, demand, cause, action, loss, liability, damage, costs (including legal costs on the scale as between attorney and client and any additional legal costs) or expense of any nature whatsoever which may be incurred by you arising out of your use of the Services, the violation of these Terms of Use by you, or the infringement by you of any IP Material or other right of any other person or entity. The aforegoing shall apply notwithstanding any negligence, gross negligence or willful default on our part.
• You acknowledge and agree that, to the extent that any part of this indemnity is held to be unenforceable, such unenforceable part shall be severable from the rest of the provisions contained herein and shall not invalidate the remaining provisions. All the provisions contained herein shall to the fullest extent permissible in law be enforceable.

Changes to Terms of Use and/or Services

• ImmoAfrica reserves the right in its sole discretion to change these Terms of Use at any time without prior notice to you.
• Any changes will be posted on the Site and become effective at the time of posting. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes.
• We reserve the right to modify, suspend or discontinue all or part of the Services at any time to you and/or others, with or without notice.
• We shall not be liable to you or any other party should we exercise our right to modify, suspend or discontinue all or part of the Services.

Availability of website and Force Majeure:

• We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free.
• On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum.
• We accept no liability for any interruption or loss of service.
• We reserve the absolute right to alter, suspend or discontinue any part of our Site or the Services, including your access to it.
• Without in any way limiting or derogating from the provisions of the indemnity clause mentioned above, we shall further not be liable to you for any claims of whatsoever nature and howsoever arising that may result from any force majeure or casus fortuitus including but not limited to unforeseeable interruptions in land or radio links between you and us, any acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, tremor, flood, storm or fire.

Dispute Resolution

• Save as otherwise expressly provided in these Terms of Use, should any dispute arise between the parties in regard to any aspect of the provision of the Services, the Site or these Terms of Use, that dispute shall be decided by arbitration in the manner set out in this clause.
• The arbitrator shall be appointed by the parties, and failing agreement, shall be nominated by the Arbitration Foundation of Southern Africa (“AFSA”). Should AFSA not be in existence at the time, the nomination shall be by the Chairman for the time being of the Johannesburg Bar Council.
• The arbitration shall be held at Sandton.
• The arbitration shall be held in accordance with the Rules of AFSA, or if AFSA shall not be in existence, in accordance with the formalities and procedures settled by the arbitrator, which shall be in an informal and summary manner, that is, it shall not be necessary to observe or carry out either the usual formalities or procedure or the strict rules of evidence, and otherwise subject as aforesaid of the Arbitration Act, 1965 as amended.

General

• We are entitled to transfer all of our rights and obligations under these Terms of use to another party without your consent and you hereby accept and approve any such transfer of our rights and obligations. In the event of such transfer, our rights and obligations to you under these Terms of Use, shall automatically be discharge.
• We may pass on the information you have given to us under these Terms of Use to any legal authority for any credit reference or debt collection agency, or for marketing purposes without your consent.
• These Terms of Use constitute the entire agreement between us and neither you nor us shall be bound by any representations, undertaking, promises or the like not specifically recorded or incorporated herein. No variation of these Terms of Use, waiver of rights, release from any obligations or consensual cancellation in terms of these Terms of Use shall have any effect unless in writing and signed by both parties.
• No indulgence, latitude, extension of time or omission by us shall constitute a waiver by us of any of our rights under these Terms of Use and shall not amount, in any appropriate instance, to a condonation by us of any act or omission on your part and such conduct shall not, in any circumstances whatsoever, give rise to a defence of estoppel.
• To the extent that any provision of these Terms of Use are found to be void, invalid or unenforceable, for whatever reason, the parties shall procure that the provision shall (where possible to do so whilst maintaining the purpose of these Terms of Use) be amended to the minimum extent possible to make it valid or enforceable, or if this is not possible, shall be deleted from these Terms of Use. In all such circumstances, the remainder of these Terms of Use shall remain in force unaffected and that parties agree that we would have entered into these Terms of Use on all the other terms hereof even if the amended or deleted provision were not agreed upon by us.
• You shall be liable for any legal costs incurred by us in enforcing the provisions of these Terms of Use on the attorney and own client scale, including any collection commission and tracing fees.
• The rule of interpretation that a written agreement shall be interpreted against the party responsible for the drafting or preparation of that agreement shall not apply.