| 1. Terms |
| 1.1. |
This document sets out the Property Pick (Proprietary) Limited (“PP”) terms and conditions (“Terms”) pertaining to the access of and use of the services and functions provided on this website: www.propertypick.co.za (“Site”). |
| 1.2. |
“User” shall mean any person who accesses the website by using a username and/or password and the terms “you” and “user” are used interchangeably in this agreement. Should you disagree with any of the Terms, you must refrain from accessing the Site and/or using PP’s services. |
| 1.3. |
PP reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time a user accesses the Site and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by PP from time to time. |
| 1.4. |
In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms. |
| 2. Services |
| 2.1. |
The user may, subject to these Terms and any further agreement and/or terms and conditions regulating the relationship between the user and PP, access proprietary information made available by PP on the Site, from time to time, which information may include any one or more of the following: |
| 2.1.1. |
Allow Seller/s who urgently need to sell their property/ies to list their property/ies for investors/buyers at below market value prices in order to facilitate a quicker sale. |
| 2.1.2. |
Allow Investors &/or Buyers to have access to listed properties and other property related services and products, including various property related legal documentation. |
| 2.1.3. |
Introduce Power Teams to Sellers & Investors/Buyers and other potential clients browsing the PP website for access to property related services and/or products.and any other information as may be made available by PP on the Site, from time to time. |
| 2.2. |
PP also makes available various Value Add Products and/or services from time to time, which are only available to subscriber users. |
| 2.3. |
In addition to PP’s proprietary information made available on the Site, PP may from time to time permit the user to access information that has been made available by third parties. While such information may not constitute PP’s proprietary information, the information is nevertheless subject to and protected by the terms and conditions as contained in these Terms. |
| 3. Limited Licence and Usage Fees |
| 3.1. |
Subject to any further terms and conditions that may be imposed from time to time, and in return for payment of the fees described below, PP hereby grants to the user, subject to these Terms, a personal, non‐exclusive, non‐transferable, limited and revocable right to access, display, use and download content from the Site. |
| 4. Payment Options and Pricing for Subscription Users |
| 4.1. |
A user who accesses and utilises the Site shall pay PP the set fee(s) applicable for the products and/or services selected by that user as posted on the Site at the time of the transaction. |
| 4.2. |
This User Agreement expressly incorporates the Terms and Conditions of PayFast (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.payfast.co.za. If there is any discrepancy or conflict between this Agreement and those of PayFast, the provisions of the PayFast Terms and Conditions will apply, provided that they fall within the confines of existing Law. |
| 5. Delivery policy |
| 5.1. |
All of the PP products and services available via the Site are delivered online in HTML format and can be exported to PDF format for storage, printing and e‐mailing purposes. |
| 6. Registering, Access to Site, Password, Username and Privacy |
| 6.1. |
Prior to making use of the services available on the Site, you are required to provide PP with personal information which may include without limitation, your name, email address, physical address and age. The user must ensure that all the details provided are true and correct. PP shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. PP assures its users that it respects your privacy and is committed to safeguarding your privacy online. PP shall take all reasonable steps to protect the personal information of users and shall comply with the Protection of Personal Information Act (“POPI”) in this regard. |
| 6.2. |
Once you have registered, you shall be provided with a username and password, as allocated to you by PP. Such username and password shall be used to access the various protected areas of the Site, which are exclusive to the users of PP. By accessing the Site, you warrant and represent to PP that you are legally entitled to use the services. Any person below the age of 18 (eighteen) years may not use the services and must be assisted by their legal guardian when reading and entering into these Terms. |
| 6.3. |
On registering as a user, you agree and warrant that your username and password shall be used for your personal use only and shall not be disclosed to any third party. You shall accordingly assume full responsibility for all activities on the Site undertaken through use of your username and password, which includes all costs associated with your account. In the event of any third party acquiring or having unauthorised use of your username or password. The password can be changed via the User’s Online Profile. If the User is not able to login directly onto their Online Profile, the lost reminder functionality can be used via website. If these cannot be applied, only then should a support call be logged with PP via admin@propertypick.co.za |
| 7. Disclaimer |
| 7.1. |
It is expressly recorded and agreed that any service available on this Site, or information gathered from this Site, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or service. Before making any such decision, please ensure that you seek advice from a qualified professional advisor. |
| 8. Content of the Site |
| 8.1. |
PP reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Site and any information or content on the Site. |
| 8.2. |
PP reserves the right to change and amend the prices and rates quoted on this Site at any time and from time to time without notice. |
| 8.3. |
PP may use the services of other organisations to provide information on the Site. PP has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that PP and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. |
| 8.4. |
PP makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Site, including without limitation: |
| 8.4.1. |
PP does not warrant that the Site or information or downloads shall be error‐ free or that they shall meet any particular criteria of performance or quality. PP expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non‐infringement, compatibility, security and accuracy; |
| 8.4.2. |
Whilst PP has taken reasonable measures to ensure the integrity of this Site, no warranty, whether express or implied, is given that any files, downloads or applications available via this Site are free of viruses, Trojans, time bombs, time‐locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and |
| 8.4.3. |
PP disclaims any responsibility for the verification of any claims. Information published on this Site may be done so in the format in which PP receives it and statements from external parties are accepted as fact. |
| 9. Linked Third Party Website and Third-Party Content |
| 9.1. |
PP may provide links to third party sites on the Site. These links are provided to the user for convenience purposes only and PP does not endorse, nor does the inclusion of any link imply PP’ s endorsement of, such sites, their owners, licensees or administrators or such sites’ content or security practices and operations. |
| 9.2. |
While PP tries to provide links only to reputable sites or online partners, PP cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under, nor subject to, the control of PP. 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 websites on the Site. |
| 9.3. |
You agree that PP shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site. Any dealings you have with any linked websites, including advertisers, are solely between you and the third-party site. |
| 10. Linking and Framing |
| 10.1. |
Without the prior written approval of PP (which approval, or conditional approval, may be withheld in PP’s sole discretion), no user may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to this Site or any subsidiary pages. |
| 10.2. |
An application for linking must be submitted to PP at admin@propertypick.co.za. PP shall take reasonable steps to respond and enter into further discussions with the user regarding the application. If no written response is received from PP within 7 (seven) days, the request shall be deemed to be rejected. |
11. Usage Restrictions
The user hereby agrees that it shall not itself, nor through a third party: |
| 11.1. |
copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub‐licence, encumber or in any other way deal with any portion of the Site for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; |
| 11.2. |
decompile, disassemble or reverse engineer any portion of the Site; |
| 11.3. |
collect service listings, descriptions or other information displayed on the Site; |
| 11.4. |
write and/or develop any derivative of the Site or any other software program based on the Site; |
| 11.5. |
modify or enhance the Site. In the event of a user effecting any modifications or enhancements to the Site in breach of this clause, such modifications and enhancements shall be the property of PP; |
| 11.6. |
without PP’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Site by persons other than the user; and |
| 11.7. |
remove any identification, trademark, copyright or other notices from the Site. |
| 12. Security |
| 12.1. |
In order to ensure the security and reliable operation of the services to all PP users, PP hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back‐office applications. |
| 12.2. |
You may not utilise the services and/or Site and/ in any manner which may compromise the security of PP’ s networks or tamper with the services or the Site in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site , or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should PP suffer any damage or loss, civil damages shall be claimed by PP against the user. |
| 12.3. |
Any user who commits any of the offences detailed in Chapter 13 of the ECT Act (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by PP and its affiliates, agents and/or partners. |
| 13. Intellectual Property Rights |
| 13.1. |
For the purpose of this clause, the following words shall have the following meanings ascribed to them: |
| 13.1.1. |
“copyright” means whether existing now or in the future, in and to, the software including without limitation, designs and documentation relating thereto; |
| 13.1.2. |
“intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by PP, including without limitation, PP’ s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not. |
| 13.2. |
All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Site, are the property of, or are licensed to, PP and as such are protected from infringement by local and international legislation and treaties. |
| 13.3. |
All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Site shall continue to vest in PP and no right, title or interest in any proprietary material or information contained in this Site is granted to you. |
| 13.4. |
Except with PP’ s express written permission, no logo, graphic, sound or image from this Site may be copied or retransmitted. |
| 13.5. |
Irrespective of the existence of copyright, the user acknowledges that PP is the proprietor of all material on the Site (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material. |
| 13.6. |
PP authorises you only to view, copy, temporarily download to a local drive and to print the content of this Site, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes. |
| 14. RISK, LIMITATION OF LIABILITY AND INDEMNITY |
| 14.1. |
THE USER’S USE OF THIS SITE IS ENTIRELY AT THE USER’S OWN RISK AND THE USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. |
| 14.2. |
To the extent permissible by law neither PP, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the site or any functionality thereof, or the information contained on the site, or of any linked website, even if PP knows or should reasonably have known or is expressly advised thereof. |
| 14.3. |
You hereby unconditionally and irrevocably indemnify PP and agree to hold PP free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by PP or instituted against PP as a direct or indirect result of: |
| 14.3.1. |
your use of the site; |
| 14.3.2. |
software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of PP; |
| 14.3.3. |
your failure to comply with any of the terms or any other requirements which PP may impose from time to time; |
| 14.3.4. |
the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or |
| 14.3.5. |
any unavailability of, or interruption in, the service which is beyond the control of PP. |
| 14.4. |
you acknowledge that the information supplied by PP is published/made available for information purposes only and that any action taken by you pursuant to that information is taken at your sole risk. |
| 15. Confidentiality |
| 15.1. |
By subscribing as a User of PP, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the services, save where such information is disclosed in accordance with the legitimate intent and purpose of the services available on the Site. |
| 15.2. |
Any information or material sent to PP will be deemed not to be confidential, unless otherwise agreed in writing by the user and PP. Notwithstanding the aforegoing, any information or material sent to or transmitted through PP will be handled by PP in accordance with the applicable provisions of POPI. |
| 15.3. |
You must notify PP immediately should you discover any loss or unauthorised disclosure of the information. |
| 16. Termination of PP User account |
| 16.1. |
A user may terminate his / her PP user account at any time, provided that a subscription user is still subject to the payment obligations contemplated in clause 4 above. |
| 17. Breach; Cancellation by PP |
| 17.1. |
PP is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, cancel a User’s PP account and/or licence, limit or deny such user use of the Site and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to PP’ s right to claim damages, should any user: |
| 17.1.1. |
breach any of these Terms; |
| 17.1.2. |
in the sole discretion of PP, use the Site in an unauthorised manner; or |
| 17.1.3. |
infringe any statute, regulation, ordinance or law. |
| 17.2. |
Breach of these Terms entitles PP to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to PP on an attorney and own client scale. |
18. Compliance with Section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted: |
| 18.1. |
Full name: Property Pick Proprietary Limited |
| 18.2. |
Registration number: 2016/445937/07 |
| 18.3. |
Physical address: 77 Langenhoven Street, Parkrand, Boksburg. |
| 18.4. |
Fax number: N/A |
| 18.5. |
Telephone number: TBC |
| 18.6. |
Website address: www. propertypick.co.za |
| 18.7. |
e‐mail address: admin@propertypick.co.za |
| 18.8. |
Names of office bearers: Candice van Vooren & Leroy Slava |
| 19. General Compliance with Laws |
| 19.1. |
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of the services and the accessing of this Site. |
| 20. Notices |
| 20.1. |
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). |
| 21. Disputes |
| 21.1. |
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. |
| 21.2. |
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. |
| 21.3. |
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. |
| 22. General Clauses |
| 22.1. |
The headings in these Terms are only for information and shall not be considered in the interpretation of the Terms. |
| 22.2. |
Any favour PP may allow the Client/Investor will not affect any of PP’s rights against the Client/Investor, whether the favour is expressed (said) or implied (not said). PP does not waive (give up) any of its rights. |
| 22.3. |
If any clause in these Terms is invalid or illegal or cannot be enforced, the remaining clauses will continue to be valid. |
| 22.4. |
This User Agreement expressly incorporates 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 this Agreement and those of PayGate, the provisions of the PayGate Terms and Conditions will apply, provided that they fall within the confines of existing Law. |
| 23. Privacy Policy |
| 23.1. |
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. |
| 23.2. |
PP may use this information to provide you with information regarding our products, services, or events from time-to-time. |
| 23.3. |
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. |
| 23.4. |
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 web site(s), PP will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto. |
| 23.5. |
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. |
| 23.6. |
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). |
| 23.7. |
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/ |
| 23.8. |
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. |
| 23.9. |
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: admin@propertypick.co.za. Personal information excludes, Physical address, Sold price and Date of property transfer. |
| 24. Users of Collected Data |
| 24.1. |
We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. |
| 24.2. |
We may disclose your personal data to selected third parties including:
- our trusted business partners and third-party service providers, contractors, licensees or consultants to enable them to perform functions and process personal data on our behalf, including (but not limited to) payment services and delivery services;
- parties involved in the general operation of our business, including administration, sales, marketing and legal; and
- analytic providers, search engine providers, hosting providers, IT companies and system administrators that assist us in the operation, improvement and optimisation of the Site.
|
| 24.3. |
We may also disclose your data to other third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if PP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;
- in order to enforce or apply the Site’s and App’s terms of use; or
- in order to protect the rights, property or safety of PP, our customers, or others (which may include exchanging information with other companies for purposes of fraud protection).
|
| 25. Methods of Processing |
| 25.1 |
We collect, use, disclose, retain and dispose of your personal data in a proper manner, for authorised purposes and take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction. |
| 25.2 |
The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. |
| 26. Security |
| 26.1. |
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted via the internet. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access. |
| 26.2. |
Within PP, we restrict access of your personal data to those of our employees who have a business reason for knowing such data. We also maintain physical, electronic and procedural safeguards that comply with the relevant laws and regulations to protect your personal data from any unauthorised access. |
| 26.3. |
Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. |
| 27. Information About Cookies |
| 27.1. |
The Site uses cookies to distinguish you from other users and to identify the device you use to connect to the Site. This helps us to provide you with a good experience when you browse the Site and allows us to make improvements to your experience. By continuing to use the Site, you are agreeing to our use of cookies. |
| 27.2. |
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of the Site. |
| 28. Your Rights |
| 28.1. |
You have the right, at any time, to know whether personal data has been stored as well as the content and origin of the data to verify its accuracy. You also have the right to ask that your data be supplemented, blocked, erased, updated or corrected. Requests should be sent to us at admin@propertypick.co.za. Any access request may be subject to a fee to meet our costs in providing you with details of the data we hold about you. |
| 28.2. |
In particular, you have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at admin@propertypickk.co.za. |
| 28.3. |
Should you want us to delete all personal information we have about you, you will probably have to terminate all agreements you have with us in respect of our products and services, and access to our Site and the App. Unfortunately, we cannot maintain our relationship with you without having some of your personal information. |
| 28.4. |
We can refuse to delete your information if we are required by law to retain it or if we need it to protect our legitimate rights. |
| 29. Changes to this Privacy Policy |
| 29.1. |
We reserve the right to make changes to this privacy policy at any time and for any reason. Any changes we may make to our privacy policy in the future will be notified to you by posting an updated version of this policy on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to our services following the notification of any changes to this policy constitutes acceptance to those changes. |
| 30. Links to Third Party Websites |
| 30.1. |
The Site may, from time to time, contain links to and from the websites of third parties, our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services. |