The Company is a limited liability company incorporated in South Africa and having its registered office at 70 Edward Road, Bo Oakdale, Cape Town, 7530. Any questions, queries or requests relating to this Website can be directed to: Property Assist: Telephone Number 087 231 1200 or alternatively, kindly make use of our Contact Us page.2. Definitions
2.1 “The Company” means Property Assist Proprietary Limited, Registration Number [#].
2.2 “Website” means www.propertyassist.co.za.
2.3 “You” or “User” means all persons, including natural, trusts or juristic persons, accessing the website.3. Registration
3.1 To access and use the website, you will need to register as a User. To register as a User, you must be 18 years of age or older and have the necessary legal capacity to enter into any agreements for the services and products offered by the Company as displayed on the website.
3.2 When you register an account, you must provide us with certain personal information. The information must be accurate, complete and up to date. It is your responsibility to inform us of any changes to your information.
3.4 Upon successful registration as a User on the Website, you will be provided with a unique username and password. You agree to maintain the security and secrecy of your username and password at all times. You are entirely responsible for any and all activities that occur under your User Account. The Company has no control over the use of any User’s Account and expressly disclaims any liability derived therefrom.
3.5 You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any authorised access to or use of you User Account and take steps to mitigate any resultant loss or harm.
3.6 Unless otherwise authorised by the Company in writing, you may only have one User account.
3.7 You may not authorise third parties to use your User account.
3.8 You may not cede, assign or otherwise transfer your User account to any other person or entity.4. Purpose and use of the Website
4.1 Except where expressly stated otherwise, any information or content posted on the Website serves as general information only and should not be regarded as constituting advice of any nature whatsoever and should therefore not be relied upon as such. You are hereby urged to consult the Company before taking any course of action related to any information or content contained on this Website.
4.2 You are responsible to make your own enquiries and obtain independent advice that is tailored to your specific circumstances and needs prior to making any decisions or entering into any agreements for products or services offered by the Company on the Website.
4.3 The Website is a platform that enables potential property investors to view the different properties available for purchase in accordance with the Company’s various products on offer as displayed on the Website. The Company merely acts as a facilitator between the Seller and the Property Investor and is as such entitled to estate agent’s commission to be agreed upon between the Seller, the Company and the Property Investor in the written deal acceptance document and confirmed the Deed of Sale.
4.4 No information or data on this Website constitutes a solicitation, recommendation, endorsement or offer by the Company to do business. The purpose of the information and data contained on this Website is merely an invitation to do business. No agreements shall be concluded merely by sending a data message to the Website or the Company. Formal and binding agreements shall only be established in accordance with the procedure referred to in clauses 8 and 9 below.5. Prohibited conduct
You may not, without being limited hereto, do the following:
- 5.1 remove, adapt, alter, visually or otherwise, any copyright, trademark or other proprietary notices and rights owned by the Company from the Website; or
- 5.2 reproduce, modify, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works based on or otherwise exploit the Website; or
- 5.3 decompile, reverse engineer or disassemble the Website, any material or content thereon;
- 5.4 use the Website to transmit, distribute, store or destroy material or content thereon in violation of any applicable laws or regulations;
- 5.5 use any robot, spider, other automatic device or manual process or device, or cause or launch any programs or scripts to monitor, copy, distribute, modify, scrape, index, survey or otherwise data mine the Website;
- 5.6 use any files, device or software that unduly burdens, hinders or is likely to interfere with the proper working of the Website or the operation of another’s computer;
- 5.7 attempt to gain unauthorised access to any aspect of the Website, which access is not authorised;
- 5.8 upload content that is offensive, defamatory, obscene, harmful or that advocates, endorses, condones or promotes racism, hate speech, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- 5.9 upload or post any content to which you have not obtained the necessary rights or permissions to use accordingly;
- 5.10 state or imply that any statements made by you are endorsed by the Company, without the prior written consent of the Company;
- 5.11 advertise or offer to sell any goods or services unrelated to the Company for any commercial purpose through the use of the Website;
- 5.12 conduct or forward surveys, contests, pyramid schemes, or chain letters or emails;
- 5.13 impersonate another person or User;
- 5.14 use the Website to solicit any other business, website or service or otherwise contact Users for employment, contracting for any purpose not related to the Company;
- 5.15 use the Website to transmit, directly or indirectly, “junk mail”, “chain letters”, unsolicited emails, messaging or “spamming”.
6.2 In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action against you.
6.3 Should the Company terminate or suspend your account as aforesaid, you are prohibited form registering or creating a new User account under your name, a fake or name of a third party, irrespective whether such third party consents thereto.
6.4 You may terminate your User account for any reason by furnishing the Company with written notice to such effect.7. Intellectual property
7.1 All material, content, trademarks and data on the Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs (hereinafter the “Intellectual Property”) are the property of or licensed to the Company.
7.2 Users of this Website are not granted a licence or any other right, including without being limited to, copyright, trademark, patent or other intellectual property rights in or to the content.8. User vetting
8.1 Not all Users will pass the financial viability qualification process to be undertaken by the Company and it may be premature to negotiate a purchase price and or related matters prior to confirmation by the Company that the particular User is financially capable of purchasing a property on offer on the Website in accordance with the Company’s various Products.
8.3 Users that have passed the financial viability qualification process will be notified by the Company. Upon such notification, the Company will furnish the attorneys appointed by the Company with a deal acceptance document for consideration by the Seller, advised by the said attorneys. The deal acceptance document constitutes an offer to purchase that is valid for a period of 7 (seven) days.
8.4 Upon acceptance of the deal acceptance document by the Seller, the appointed attorneys will finalise the negotiations and necessary agreements for the purchase of the Property to be signed by the User, the Seller and the Company.
8.5 Users acknowledge that it is in the sole discretion of the Seller to accept the deal acceptance document. Should the Seller elect not to accept the User’s offer, the Company will notify the User of its offer being unsuccessful. Unsuccessful Users may avail themselves to another opportunity to purchase another Property on offer on the Website to the extent that their financial viability status allows.9. Procedure relating to accepted offers
9.1 The Company will represent the Seller and the User in the finalisation of any and all such documents required to ensure registration of transfer of the Property into the name of the User.
9.2 The attorneys appointed by the Company on behalf of the Seller shall attend to the registration of transfer of the Property into the name of the Property Investor in the relevant Deeds Office. The attorneys will attend to the simultaneous cancellation of the Seller’s mortgage bond (if applicable).
9.3 Upon the acceptance of the deal acceptance document by the Seller, as signed by the Property Investor, the Company becomes entitled to payment of commission as agreed upon in such deal acceptance document unless expressly stated otherwise.10. Disclaimer
10.2 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss that results from the use of the Website or reliance on any information contained on the Website.
10.3 Although the Company takes reasonable measures to ensure that the content on the Website is accurate and complete, the Company makes no representation, warranties or guarantees, whether express or implied, regarding the reliability, timeliness, quality, suitability, integrity, functionality or availability of the Properties on offer on the Website.
10.4 The Company does not warrant that the Website will be uninterrupted or error-free or that defects on the Website will be corrected.
10.5 The Company cannot and does not guarantee or warrant that the files available for download through the Website or delivered by email through the Website will be free of infection or viruses, worms, Trojan Horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Website for the reconstruction of any lost data.
10.6 The Company shall not be liable for any direct, indirect, special, punitive or consequential damages, including lost profits, goodwill, lost data or property damage arising from the reliance on the content on, or in any way connected with the use of, the Website, whether in delict, contract or otherwise.
10.7 The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
10.8 These limitations do not purport to limit that which cannot be excluded under the laws of South Africa.
10.9 The Company cannot be held liable for any inaccurate information published on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives.11. Applicable law
This website is hosted, controlled and managed in the Republic of South Africa. Therefore, South African law and jurisdiction shall govern the use or inability to use the Website, or any other matter related to this Website.12. Dispute resolution
All disputes relating to the use of the Website shall, if the parties are unable to settle the dispute informally within 14 (fourteen) days of the aggrieved party notifying the other party in writing of the existence of the dispute, be settled by arbitration conducted in English and in terms of the rules of the Arbitration Foundation of South Africa (AFSA). Such arbitration shall be held in Cape Town, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.13. Severability