INTRODUCTION AND ACCEPTANCE
Thank you for visiting our website. Before you go further, you must read, understand and agree to the Terms for using the website.
1. Property Pick (Pty) Ltd ("PP") hosts a website under domain name www.propertypick.co.za ("the Website") for the online marketing of property listings for sale and the advertising of Power Teams in the real estate, legal and related industries (collectively “Advertisements”).
2. PP may amend these standard terms and condition ("STC's") at any time.
3. The Term “User” shall apply to anyone using the Website, including Clients, Sellers, Investors & Buyers and Power Team Members, including all Advertisers.
1. These STC's must be read together with the signed agreement ("the Client Contract") concluded between PP and each client who advertises on the Website ("Client").
2. If there is any discrepancy or conflict between these STC's and the Contract, the provisions of the Contract will apply.
1. These STC's must be read together with the signed agreement ("the Investor Contract") concluded between PP and each Investor who advertises on the Website ("Client").
2. If there is any discrepancy or conflict between these STC's and the Contract, the provisions of the Contract will apply.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
1. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PP.
2. Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
1. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of PP.
2. PP may use this information to provide you with information regarding our products, services, or events from time-to-time.
3. You may request that PP cease sending you such information or request that your personal information be removed from our database or mailing list at any time.
4. PP will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to PP 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 PP or its associated services or website(s), PP will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
5. PP makes use of first-party and third-party cookies, as well as web beacons and similar technologies to deliver measurement services and targeted advertising to visitors. Cookies may include Google Analytics cookies, a DoubleClick cookie, and a Facebook Event Tracking cookie. No personal information is shared with any third party when providing these targeted services.
6. If you prefer not to receive interest-based advertising in web browsers from Google, Facebook or other participating advertisers, you can make use of mechanisms such as the Digital Advertising Alliance's (DAA) Self-Regulatory Program for Online Behavioural Advertising (www.aboutads.info/choices).
7. For detail regarding the information Google collects and how it is used to deliver targeted advertising please visit http://www.google.com/policies/privacy/ads/
8. PP 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.
9. PP 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. Should you want PP to cease disclosing your information you may send an e-mail to the following address and your details will be removed from the list: email@example.com. Personal information excludes, Physical address, Sold price and Date of property transfer.
1. Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- deleting or revising any material posted by any other person or entity;
- using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
2. Violations of system or network security may result in civil or criminal liability. PP will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
GENERAL OBLIGATIONS AND WARRANTIES
1. PP must provide the following services to the 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 PP from time to time;
- provide a telephonic &/or email support service from Monday to Friday, from 08:00 to 17:00, for Users.
2. PP makes no warranties of any kind regarding the standard of the services or the content on the Website and, in particular, PP 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.
USE OF THE WEBSITE
1. Each User acknowledges that PP does not verify or warrant the accuracy or completeness of the Advertisements or other information on the Website.
2. PP 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.
3. No-one may link any page on the Website without PP's prior written consent.
4. The Website contains links to other third-party websites over which PP has no control. PP does not recommend any products or services advertised on those websites and the User uses them at its own risk.
INDEMNITIES AND WAIVERS
Each User hereby acknowledges that:
1. PP is not an estate agent, attorney, financial adviser or other professional adviser;
2. each User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
3. there is no obligation on a User to make use of any of the service providers advertised on the Website;
4. PP does not regulate or take any responsibility for the content, accuracy or completeness of the Advertisements, the User’s information or for the security of the User’s passwords in respect of the Website.
DIRECT MARKETING, COOLING OFF PERIOD AND REFUNDS
1. In this clause, a "Direct Marketing Contract" is any contract, including an upgrade of or an extension of a contract, concluded between a User and PP as a direct result of PP approaching that User, either in person, by mail, phone, fax or sms, for the purpose of promoting or offering to supply a User with its services pertaining to Advertisements on the Website, but excludes contracts concluded as a result of an approach by a User to PP, whether by phone, sms, email or other method.
2. A User may, without reason, cancel a Direct Marketing Contract, by giving written notice to PP within 5 business days of concluding the Direct Marketing Contract.
3. Within 15 business days of receiving written notice of cancellation from a User, PP will refund the Client the total amount received by the User in respect of that Direct Marketing Contract.
4. PP will not commence providing any services in respect of a Direct Marketing Contract until expiry of this 5 business day period unless PP decides otherwise.
5. Except as set out in clause 3 above, no refunds will be given by PP in any circumstances.
6. These Terms and Conditions expressly incorporate the Terms and Conditions of PayGate (Pty) Ltd (or its successor-in-title) as set out in its Minimum Terms and Conditions and amplified in its full Terms and Conditions available at www.paygate.co.za. If there is any discrepancy or conflict between these STC's and those of PayGate, the provisions of the PayGate Terms and Conditions will apply provided that they fall within the confines of existing Law.
Each User hereby waives any rights or claims it may have against PP 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 use or inability to use the Website or the services or content provided from and through the Website.
THE CLIENT'S / INVESTOR’S OBLIGATIONS AND WARRANTIES
1. The User must, at its cost:
1.1 include the information and details on each Advertisement as reasonably specified by PP from time to time;
1.2. ensure that none of the information or Advertisements provided by it to PP 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;
1.3. comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
2. The User warrants that the content, form and design of the Advertisements and other information provided by the User to PP does not, and will not, infringe any intellectual property rights of any other person. The User indemnifies PP 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.
HOW DISPUTES WILL BE RESOLVED
1. Any dispute over use of this website or these Terms will be decided by arbitration, unless any Party applies for an interdict or other urgent legal action. The terms and conditions of any other relevant service will apply if they are different to these Terms.
2. The arbitration will be at the offices of the Arbitration Foundation of Southern Africa (AFSA) in Sandton in South Africa under its rules and South African law.
3. Either Party may have the arbitration award made an order of court. All Parties will keep the evidence and any award in the arbitration confidential. The arbitrator may give default judgement if any party fails to make submissions on the date they are due or fail to appear at the arbitration or both.
CAPACITY TO ENTER INTO AGREEMENTS
The User warrants that the User is legally capable of agreeing to these Terms. If the User is younger than 18, or not sure if he/she can legally enter into agreements without his/her legal guardian such as a parent agreeing to it with him/her, the User must find out before he/she uses the website.
OUR ADDRESS FOR NOTICES AND SERVICE OF LEGAL PROCESS
PP choose the registered address of PP as the address where any legal document or notice must be served on or delivered to us (our domicilium citandi et executandi).
THE LAW THAT APPLIES TO THESE TERMS
South African law applies to these Terms, despite any other country’s law.
1. The headings in these Terms are only for information and shall not be considered in the interpretation of the Terms.
2. Any favour PP may allow the User will not affect any of PP’s rights against the User, whether the favour is expressed (said) or implied (not said). PP does not waive (give up) any of its rights.
3. If any clause in these Terms is invalid or illegal or cannot be enforced, the remaining clauses will continue to be valid.
4. If there is any discrepancy or conflict between these STC's and those of PayGate, the provisions of the PayGate Terms and Conditions will apply provided that they fall within the confines of existing Law.
5. Where you access tools and services provided by third parties to Property Pick, by that use you also agree to that third parties terms and conditions, as are available on their website.